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March 2, 2001

A Presentation before the

COMMITTEE OF GOVERNORS

for the Welfare of

SCHEDULED CASTES & SCHEDULED TRIBES

 

TERMS OF REFERENCE OF COG      

 

 

I.     TO EVALUATE PROPER IMPLEMENTATION OF PROGRAMMES FOR THE WELFARE OF SCs&STs

 

II.   TO EXAMINE EFFICIENT EFFECTIVE AND FULL UTILISATION OF FUNDS EARMARKED FOR TRIBAL SUB PLAN, SPECIAL COMPONENT PLAN AND SPECIAL CENTAL ASSISTANCE

 

III.  TO DETERMINE CONSTRAINTS AND BOTTLENECKS IN INVESTIGATION AND PROSECUTION OF CASES UNDER SCs&STs PREVENTION OF ATROCITIES ACT 1989 and PROTECTION OF CIVIL RIGHTS ACT 1955

 

OUR SUBMISSION BEFORE THE COMMITTEE

 

 

Dear Sir,

 

            I want to submit, for the Consideration of the COMMITTEE OF GOVERNORS for the Welfare of SCHEDULED CASTES & SCHEDULED TRIBES, the following -

 

I.   PROGRAMMES FOR THE WELFARE OF SCs&STs

 

A.  The SC&ST Welfare Programmes are not being properly implemented for the following reasons -

 

1.    Most of the SC&ST Welfare Programmes are not known at all to many SCs&STs. 

 

2.    Many Officials in-charge of SC&ST Welfare both in the Center, and in the States and UTs, are themselves not aware of many of the SC&ST Welfare Programmes being implemented by different officers in various offices under them, and for which they are over all responsible.

 

3.    Even when one wants to know about the SC&ST Welfare Programmes, relevant Information is either not available, or is scanty incomplete and is really not useful

 

In view of the above, Govts - 

 

a)         in all the States as well as the UT Administrations must at least Compile every year a List of all SC&ST Welfare Programmes -

 

i)     under the SC&ST, or SC, or ST Departments and Offices, as well as

ii)   those being evolved administered managed and implemented by other Departments. 

 

b)    should List of all SC&ST Welfare Programmes and Schemes to - 

 

i)     appropriately bring them out every year comprehensively, in handy brochures or in the form of small pamphlets, with relevant details of the Programmes and Schemes, as well as eligibility, and the procedures to avail of them. 

ii)         bring them in different languages, dialects and scripts familiar to SCs&STs in the State/UT. 

 

c)         The Govt at the Center also should Compile every year a Comprehensive List of all SC&ST Welfare Programmes being undertaken by various States and UTs, with salient details of the Programmes and Schemes, as well as the number of SCs&STs benefited and the extent of measurable Development realised through them. 

 

       This will enable every State/UT -

 

i)     to know and understand better the Programmes and Schemes of other States and UTs,

ii)   compare and evaluate their own relative performance vis-à-vis other States and UTs, and

iii)         evolve in their own States/UTs new Programmes and Schemes, by appropriately adopting any new Programmes and Scheme introduced by any other State/UT.

 

4.    Many of the Officers posted in the Departments and Offices for SC&ST Welfare are not appropriately oriented towards SCs&STs. 

 

a)    Some of them are often anti-SCs or anti-STs or both, being traditional or sadistic anti-SCs&STs.  They manipulate and somehow manage to ensure that the SC&ST Welfare Programmes do not succeed at all, or are not utilised by the SCs&STs appropriately, or that they are not fully effectively and properly implemented,

 

b)    Some other Officers do not have, or take any interest in SCs&STs.  Hence they are totally indifferent to the works connected with the Implementation of SC&ST Welfare Programmes,  

 

c)    Some do not like to work in the Departments and Offices associated with SC&ST Welfare Programmes.  They consider their posting to SC&ST Departments and Offices as a Punishment.  Hence they don't take any interest at all in their work of implementing the SC&ST Welfare Programmes.  They only bid their time waiting for their next posting, or spend all their time energy and resources in lobbying and manipulating for a better posting.  Thus they completely neglect the Implementation of SC&ST Welfare Programmes, or leave them in the hands of junior officials to do whatever they may like with the various SC&ST Welfare Programmes, 

 

d)    Some are highly subjective, with strong likes and dislikes.  They take up one or two or a few of the SC&ST Welfare Programmes for implementation, at times with much fanfare, and neglect all others required for the total Welfare and holistic Development of SCs&STs, 

 

e)    Some tend to and do Centralise all the Powers Authority and Responsibility, that they do not allow the Officers and other Functionaries in the Department, Office and Field Units to take any decisions.  As Result, nothing moves in time, if at all any decisions be ever taken!

 

f)     Some are basically indifferent, scared to take decision, or inefficient and not capable of taking decisions.  As a result, the entire Department, Office, Programmes, Schemes and SCs&STs suffer immensely, 

 

f)     Some have strong biases.  They only favour certain Communities and Groups, while neglecting all others, with the result that all the SC&ST Welfare and Developmental Programmes and Schemes are not equitably implemented to benefit all SC&ST Communities, 

 

g)    Some always adopt shortcuts, preferring to implement in a big way and successfully the Programmes and Schemes under their charge through Certain Powerful and Influential Big Agencies, with the result the Schemes do not reach and benefit the most needy and deserving SC&ST Areas, Groups and Individuals, 

 

Therefore Govts should - 

 

a)    select and post only those Officers who have appropriate aptitude, right approach, correct temperament, proven ability and established reputation in working for SCs&STs, to handle and implement SC&ST Welfare and Development Programmes, Schemes and Work.  This, irrespective of the fact whether the Officers are themselves SCs or STs,

 

b)         send the Officers and Staff posted to the Departments and Offices of SC&ST Welfare and Development, should be regularly and at periodic intervals sent for appropriate Training Programmes and Courses about the Problems and Development Strategies of SCs&STs Welfare!

 

5.    Officials Posted to SC&ST Departments and Offices should be carefully selected to ensure efficient and effective and also full and proper utilisation of funds.  Now,

 

a)    many of the Officers posted to SC&ST Departments and Offices are not Creative, Development Oriented, Time Conscious, Result Oriented and Achievers.  Some are only Publicity oriented and are themselves not really Achievers,

 

b)    many Officials regularly surrender considerable percentage of funds earmarked for various SC&ST Welfare Programmes,

 

c)    some Officials do not utilise the funds evenly through out the year.  At the end of the financial year they rush through the Programmes, neglecting many, and spending mush more in select schemes that give them an image, by expropriating funds meant for different programmes and schemes into those of their choice, or simply diverting the funds from one programme or scheme to the other,

 

6.    There is a very fast quick and high-rate of turnaround of Officers posted to SC&ST Departments and Offices.  In some States and UTs, the average tenure of Officers in SC&ST Departments and Offices is less than a year, and in many cases hardly six months.  Some Officers were posted as a stopgap arrangement for less than a month, and just for a weak or a few days!

 

7.    Some Officers park themselves in SC&ST Departments and Offices, for joining their spouses, educational and academic interests of their wards, to be in a city, and such extraneous reasons!

 

Hence, Govts at the Center and the States as also the UT Administrations should -

 

         a)   screen and post selectively officials to SC&ST Departments and Offices,

 

b)    if necessary, they should select young professionals from top Engineering, Technical, Medical, Rural Development and Management Institutions, to head Departments and Organisations associated with SC&ST Welfare,

 

c)         fix specific minimum and maximum tenure of officers posted to SC&ST Departments and Offices.  Failure to perform efficiently and show results in SC&ST Departments and Offices, should have an overbearing importance in their Promotions, Mobility and Postings to higher and responsible positions.

 

8.    Corruption and Delay in taking decisions, sanctioning individual schemes and release of funds for implementation of various programmes, is becoming the biggest problem today, standing in the way of SC&ST Welfare and Development.  There are any number of cases of benami release of funds or implementation of schemes in the name of SCs&STs, benefiting non-SCs&STs.  There are also cases that funds have been released to non-SCs&STs and self styled NGOs and Activists working in the name of SCs&STs, who only corner huge funds from the Govt, International Aid Organisations and foreign Funding Agencies.  In view of the above, Govt should carefully select their officials before posting them to SC&ST Departments and Offices, 

 

9.    Unsuitable inefficient unwanted and condemned officers and staff are posted to the Departments and Offices of SC&ST Welfare and Development.

 

Govts should therefore -

 

a)    Carefully select honest sincere and hardworking Officers with empathy for the Poor and the Weak, to work in the SC&ST Welfare Departments and Offices,

 

b)    Constitute Regional and Local Committees under the Local MPs, with the local MLAs, local SC&ST Leaders from the ruling and all the opposition parties as members, to monitor and evaluate the working of SC&ST Departments and Offices in the Area,

 

c)    Local SC&ST Welfare Associations, Unions and NGOs should have an access to check and ensure that the benefits go to only poor SCs&STs, and are not cornered by others through benami transactions. 

 

B.  It is also our sad Experience that the following Important Programmes and Schemes meant for SC&ST Welfare and Development are not being administered properly these days -

 

1.    SCHOLARSHIPS FOR SC&ST STUDENTS 

 

Scholarships for SCs&STs are the most visible and very useful of all the SC&ST Welfare and Development Programme.  These enable

 

a) Education of SC&ST Individual Boys Girls and Youngsters, through them their Families Surroundings and Communities, 

 

b)    These Prepare Individual Boys and Girls for a better role in the Society, Good Employment, Decent Wages, and get Regular long time assured Salaries,

 

c)      Acts as a good example for others in the SC&ST Communities if not for the whole Society to motivate other Children their parents and families to emulate the good successful SC&ST Students, 

 

d)    Helps to bring-in a sense of achievement, widen the awareness in the Community,

 

e) Build up a reasonably better base for Social, Cultural, Economic and Political Leadership as well as Development and Advancement. 

 

The Scholarships for SC&ST Students, thus enable all round Development of the Indian Society, and Accelerate the Progress of the Nation.  However today, this useful Programme suffers or is sought to be neutralised by various shortcomings that have been allowed to creep in.  Some of them are -

 

a)    The Quantum of Scholarship is not being revised regularly, with the result Students find that the help is not adequate, forcing them either to drop out and discontinue their studies, or suffer immensely, or leaving them and their families in debt, 

 

b)    The Scholarship Amount is not linked to inflation, price index and the cost of living to be really meaningful and useful, 

 

c)    The Value of Scholarship is not adequate to help SC&ST Students to pursue Higher Studies and Professional Courses, 

 

d)    The Scholarship does not meet the needs of Students getting admissions in IITs, IIMs etc, 

 

e)    The Scholarship is totally inadequate to be of help Students getting admissions in Private Engineering, Medical, Dental, Management, Computer and Law Colleges,

 

f)     The Scholarship is generally not available at the right time when it is most essentially required, 

 

As a result of the above,

 

i)    SC&ST Students have to undergo untold sufferings embarrassment and public humiliation of being unable to pay the fees and make payments to the hostels in time, 

 

ii)   Many SC&ST Students and their parents therefore have to borrow from various private moneylenders and other sources, at exorbitant unfair interests and also pledge in, even the scarcely available resources like milch-cows, bullocks, carts, land and even their small huts, 

 

iii)   Many SC&ST Poor Students have to virtually starve and take to many private and physical jobs to earn something to pay their fees, pay hostel and mess charges, for their books note-books, records etc, and for examination fees, 

 

iv)  Many SC&ST Students are unable to concentrate wholeheartedly and full-time in education, 

 

v)   Many SC&ST Students often loose their interest in studies, slide down in performances and ultimately drop out. 

 

While many others see these as a good riddance of avoidable SCs&STs, it is indeed a great National Loss!  And the Country and the Society loose potential brains and their invaluable contributions.  The Country thus suffer immensely ever year.

 

g)    Scholarships are not made available to many SC&ST Students, on the technical grounds that -

 

i)     they are from other States,

ii)    are unable to Produce SC/ST Certificates,

iii)    their castes and tribes are not recognised in the State/UT etc, or that

iv)   their parents are employed and earning. 

 

SC&ST Students Scholarship is denied to many SC&ST Students even when the Amount of Scholarships to poor helpless SC&ST Students is very very small.  This in a Country, where multi-millionaires and billionaires like the Tatas Birlas Modis Reliance and such others, are enjoying very many concessions like tax holidays, income rebates, and in addition get various benefits and advantages increasingly with every Govt and every Budget!  Hence, SC&ST Pre-Metric and Post-Metric Scholarships should be provided to all students immediately on admission, from the first day of joining the Class/Course.

 

h)    Scholarships are not available for many Courses and Studies that are basic minimum essentials for Employment in Public Services, Appointments at senior levels and Promotion within the Services.  Scholarships for SC&ST Students, pursuing studies leading to MPhil, PhD, DSc and other Post Doctoral Studies in Universities are not available to SC&ST Scholars from SC&ST Departments and Offices.

 

In view of the above -

 

a)    Every SC&ST Student should be sanctioned Free ships, and exempted from Paying Fees, 

 

b)    Every SC&ST Student should be granted Scholarship immediately on Admission to any School or College or University or Institute of Higher Learning, including Studies  leading to MPhil, PhD, DSc and other Post Doctoral Studies

 

c)    Every SC&ST Student admitted to any Hostel should be granted Grants for Hostel Fees and Standard Mess Charges 

 

d)    All SC&ST Free ships should cover in full all Fees for the Studies including Library Fees and Laboratory Fees if any, other Special Fees and Examination Fees

 

e)    All SC&ST Scholarships should be Linked to Cost of Living or Price Index like the DA Payments to Govt Servants

 

f)     All Grants to Students in Hostels should cover the actual Hostel Fees and Standard Mess Charges

 

2.    HOSTELS FOR SCs&STs

 

This perhaps is the second best Programme that benefited many SC&ST Students.  These Hostels -

 

a)    assured some accommodation shelter and roof over the heads of millions of SC&ST Students, denied of education and deprived of formal literacy! 

 

b)    enabled outstation and rural boys and girls a foothold to stay safely and pursue their studies

 

c)    helped to bring together the SC&ST Students, traditionally refused formal education of reading and writing to help each other, study together jointly as a team, socialise, develop leadership qualities and build spirit-de-core

 

d)    provide a decent academic environment lacking in their homes

 

e)    made available wholesome balanced regular food, facilities to study, supplementary reading material, healthy entertainments and games necessary to build their bodies and social lives.

 

However, these SC&ST Hostels are now in a State of Neglect, made to suffer, and are visibly detoriating, due to -

 

i)     lack of maintenance,

ii)    poor supervision,

iii)    inadequate allocation of funds,

iv)   irregular and untimely release of funds,

v)    mismanagement,

vi)   posting of unsuitable staff officials and wardens,

vii)   non-availability of supporting staff like cooks, cleaners, sweepers etc,

viii)  non-supply of adequate and quality grains, cereals, pulses, vegetables etc.

ix)   indifference on the part of authorities, higher officials, responsible personnel and the Govts

 

Now there is an acute shortage of Hostel Facilities for SCs&STs all around. 

 

Hence the Govt should ensure for the SCs&STs additional -

 

a)    Boys' Hostels for School Students 

b)    Girls' Hostels for School Students 

c)    Men’s' Hostels for College Students

d)    Women’s' Hostels for College Students

e)    Separate Hostels for Working Women

f)     PG Men's Hostels in Universities and Institutions of Higher Learning

g)    PG Women's Hostels in Universities and Institutions of Higher Learning

 

In addition, Govts should introduce,

 

a)    Reservations in all Working Women's Hostels 

b)    Reservations in all PG and University Hostels

 

3.    SPECIAL LIBRARY FACILITIES AND BOOKS FOR SC&ST STUDENTS

 

This is a very good novel Programme introduced by some States in the South.  These have now been copied in many States and UTs.  This is very very useful to Engineering, Technical, Computer, Medical, Management, Agriculture, Law and other Professional Students.  Strangely enough, even in the National Capital Territory of Delhi, both the State Administered Professional Colleges, and many of those Institutions administered directly by the Center like IIT, AIIMS, SPA, etc either have not even heard of this very important Programme, or are not making full use of the same!  With the result, most of the SC&ST Students who could not afford to buy costly Books of Professional Courses suffer adversely. 

 

In view of the above, any Director, Dean, Principal or Vice-Chancellor who does not make full and adequate use of the Scheme of Book Banks and fails to create exclusive Library Facilities for SCs&STs, should not be allowed to get any annual increment in their Pay Scales, or be allowed to have any extension of their tenure as Director, Dean, Principal or Vice-Chancellor, or be posted to any other Institution! 

 

4.    NATIONAL SC&ST FINANCE AND DEVELOPMENT CORPORATION

 

The NSFDC was started with avowed aim of Developing entrepreneurship amongst SCs&STs all over the Country.  It aimed to Promote and Finance Engineers, Managers, Industrialists, Exporters and Importers, and Business Men and Women amongst the SCs&STs.  But in the wrong hands and under the influence of small short-sighted individuals, self-proclaimed advisers and self-imposing experts, this National Level Apex Financial Institution, instead of growing big like many of the Specialised Financial Institutions in the Country, had shrunk itself into a small appendage and extension of Govts Welfare Measures.  Today NSFDC runs behind small SCs&STs living around BPL, with an average of a few thousands of Rupees Loans!  All good and visionary Officers and Staff have been thrown or pushed out, retaining only unwanted muck, corrupt and inefficient elements unsuitable for employment and absorption elsewhere!   It had the added disadvantage of being lead by totally inefficient incompetent and uninterested officials, or anti-SC&ST Officials. 

 

The most important reason for this failure of NSFDC is the Closure of Planning Department, and consequent disbandment of the basic Planning, crucial Evaluation, necessary Coordination and essential Training Divisions; and combining them with the routine Administrative Department consisting of routine negative paper file and rule oriented clerical minded generalists.  We have to get out of the rut of generalisation of even Planning Evaluation Coordination and Training, if we are really serious.  We have to give emphasise to Planning, advance predictions, and laying down the priorities objectives and goals for the future.  For traditional methods of routine administration and development can not Deliver and Uplift or Liberate and Develop the large 260 million plus Weaker Sections of deliberately neglected SC&ST Dalits of this Country, who have been kept at the very bottom of the Society in every sphere of life - right from education, employment, wages, housing, landholding, wealth, information and knowledge about business industry and economy, politics, independent free leadership, planning, administration and Govts. 

 

In view of the above Govt should break away from traditional small petty ameliorative programmes, and take up radically bold Programmes and Schemes with new Liberating Procedures that do not get bogged down in traditional wisdom, red tape experiences, bookwork schemes and historic precedences.  Otherwise, we will only be replicating Development around Milch Cows, all grazing Goats, plump poor pigs, small little poultries, sweet nothing honey bees, petty pickle making, endless knitting, meaningless skinning and hard leather works, and miles of sweeping! 

 

5.    HEALTH CARE OF SCs&STs

 

We are a Nation known for Buddha, non-violence and Protection of Animals, and at the same time Yagna and Animal Sacrifice.  Similarly we are known for ahimsa and non-violence, and at the same time blatant Violation of Human Rights and Denial of even minimal basic Civil Rights to vast Sections of Society - the SC&ST Dalits.  The SC&ST Dalits are the traditionally creative Working Classes of the Society engaged in Agriculture producing food and all the basic wealth like mining and fishing.  Today they produce all the Nations Wealth and essentials of life.  They are more than 260 million plus - and are in fact the third largest Nation by themselves, after China and the whole Indian Population!  They are still neglected in every sphere of life. 

 

India as a Nation is known for establishing Hospitals for Animals and Birds.  But strangely not for human beings, particularly to the SC&ST Dalits.  Public Hospitals and Free Dispensaries, State Health Care and Municipal Health Centers, have come into this Country with the Colonial Rule of the British.  Even these are now being neglected and are getting badly degraded.  More so after the establishment of Commercial Profit oriented Apollo Hospitals in Madras(now Chennai) and Hyderabad.  The situation is getting more and more worse, with casteist Doctors growing to dominate the Medical Field!  They and the Private Medical Institutions promoted by corrupt officials and medical authorities, protected and shielded by caste conscious anti-SCs&STs Courts, are now doing extensive damage in the Country.  They are openly deliberately and with out any fear, promoting their own caste people and those commercial and pure business minded families belonging to or with business interests, and those who could afford to pay huge sums as bribes or donations or capitation fees to buy their way through Medical Admissions and Education, to become Doctors Specialists and Super Specialists. 

 

Therefore, Public Health Care by the Center and the State Govts and UT Administrations, and Municipal Corporations are going down very rapidly. 

 

Therefore immediate steps have to be taken to systematically develop and restore the Public Health System in the Country, particularly in the Rural Areas, to World Class Standards.

 

6.    EDUCATION 

 

It is a sad truth that education has been kept secret.  It has been reserved as the privilege of the few.  The type and quality of Education has also been graded differentiated according to the Castes.  Large Sections of the Society like the Shudra OBCs and the Ati-Shudras living outside the pale of the Caste System, have been specifically prohibited education.  Systematic steps and extreme punishments were prescribed for violating these norms.  We all remember Ekalavya and Shambuk.  It was left to the outsiders and their Religious Orders - like the Madrasas of the Maulanas, Missionary Schools, Sunday Schools in the Churches and the Govt and Municipal Schools of the Dutch, French, Portuguese and the English to throw open Education for All, and admit SC&ST Students in spite of open oppositions, threats. resistance and refusal of orthodox caste oriented teachers to teach in schools where SC&ST Students were admitted.  It needed the determination of the Mullahs first, vision of the Missionaries next, resolve of the powerful Colonial Administration and the able support extended by the Muslim Teachers in the face of and at the time of boycott of Schools and all teaching by casteist orthodox teachers!  The Work and exposure of the sinister designs of the orthodox casteists by pioneers like Jyothibha Phule inspired and encouraged social changers and bold reformers like Sahu Maharaj, Maharaja of Gaekwad, Maharaja of Mysore, Nizam of Hyderabad, to come out openly and boldly and break the shackles and strong hold of resistance by the orthodox casteists in this Country! 

 

What the orthodox casteists could not prevent SC&ST Dalits like Ekalavya and Shambug, or resist the Mullahs and Maulanas, stop their Madarsas, counter Jyothiba Phule, oppose the Liberal Rulers, win over the Missionaries, or resist the Colonial Govts and close the doors of their Schools to SC&ST Dalits, or stop the Free Independent Democratic Indian Republic all these years, they are trying to achieve now! 

 

Step by step, these days the casteists are ensuring that SC&ST Dalit Students do not get good education by -

 

a)    providing differential Schooling through -

 

i)     very exclusive costly boarding schools in hill stations,

ii)    exclusive private public schools for the rich in the Cities,

iii)    private fundamentalist religious institutions by rich casteist elements all over the Country,

iv)   Navodya Schools for the rural rich and urban lower middle class,

v)    Govt supported Public Schools like that of the Armed Forces and big Public Sector Undertakings,

vi)   State and Central Govt Schools for their Officers and Staff,

vii)   Corporation, Municipal, Panchayat and Village Board Schools for the poor working classes from the OBCs and SC&ST Dalit Communities

 

The quality and capacity of the Teachers often come down very steeply as one descends from (i) to (vii) above.

 

b)    many Teachers refusing to help encourage and Teach SC&ST Dalit Students,

 

c)    many Teachers preferring not to Teach in the Class Rooms of the School in favour of taking up Private Tuitions in their Homes, or teach in Tutorials and Private Coaching Centers,

 

d)    many Teachers publicly discouraging humiliating criticising, and not recognising the contributions and achievements of SC&ST Dalit Students,

 

e)    drafting such Curriculams, Syllabuses, and the Teaching revolving around orthodox caste students, their lives and their social values,

 

f)     deliberate Denial of good English Education, even as a second language, to deprive the SC&ST Students even a chance to apply for many jobs at later dates in the lives of SC&ST Dalits,

 

g)    Denial of Scholarships, and not revising the Values of Scholarships fixed ages ago,

 

h)    not providing Free ships, Hostel Accommodations, Mess or Boarding Facilities, Books etc to SC&ST Dalit Students,

 

i)     Denial of preferred good Streams of Studies like Maths Courses, Science Courses, Biology Courses, Commerce Courses, Computer Courses and Electronic Courses to cut off SC&ST Students from even available for entry and competition to Medical, Engineering, Technology, Computer, Agriculture, Science, Commerce and Management Colleges,

 

j)     steadily increasing the Minimum Education Levels for Employment, from the old Schooling to Matriculation, to Higher Secondary, Graduation, Degree, Post- Graduation, MPhil, PhD, and even post-Doctoral Work; or Specialist and super-Specialist Courses,

 

k)    Denial and or withdrawal or not providing any Scholarships and Fellowships for higher University Level Studies of MPhil, PhD, DSc, Post-Doctoral Studies and Research, and for Specialty and Super-Specialty Courses, 

 

l)     Denial and or not providing Admissions for higher University Level Studies such as MPhil, PhD, DSc, Post-Doctoral Studies and Research, and for Specialty and Super-Specialty Courses, which are being prescribed as the minimum Educational Requirements for Employment and or Promotions for cetain Posts, and Grades Levels and Services.

 

The above are clear cases of well synchronised meticulously planned conspiratory attempts, to deny SC&ST Dalits and Dalit Communities good and higher essential education, jobs and promotions to higher levels!  In this, many are silently and secretively working behind the screens in a systematically organised way in tandem with the Courts!

 

In view of the above,

 

a)    Reservations for SCs&STs should be provided in every Course of Study that is prescribed as the requisite Qualification for Appointment and Promotion to Services and Posts,

 

b)    All SCs&STs on admission to any Course of Study Training and Research should be sanctioned Scholarships to pursue and complete the Studies.

 

7.    NEED FOR CENTRALISED RECRUITMENT TO FILL ALL VACANCIES AND POSTS RESERVED FOR SCs&STs

 

Even after about five and half years after Independence, we find that SCs&STs are being Not Selected for Appointments to various Posts, Jobs, Services, and also in certain Departments.  There are also many who fearlessly and openly express their caste biases and prejudices against SC&ST Dalits in the Country, and shamelessly say in Public that SCs&STs should Not be Appointed to the Services by Recruitment, and also Not be Appointed to Higher Posts and Senior Levels, in order to maintain efficiency in Services.  They are so anti-SCs&STs that they resent the Selection Appointment Posting and Promotion of SCs&STs, and the very mention and reference of SCs&STs.  They are comfortably trying to hide all their unpardonable inefficiencies, untold incompetences, endless delays, and rampant corruption all around today, when the Representation of SCs&STs is still negligible and almost nil in most of the Departments.  This clearly establishes that even after nearly five and half decades, SC&ST Dalit Communities cannot rely on the caste elements to be fair and honest in Selecting, Recruiting and Appointing SC&ST Boys and Girls.

 

It is as a result of the above, even today in many Departments and Offices SCs&STs are not being Recruited or Posted and Promoted even against Posts specifically Reserved for SCs&STs. 

 

Therefore, there is a need to establish a Centralised Recruitment Centers, to recruit SCs and STs to various Posts and Jobs Reserved for SCs&STs.

 

8.    DIRECT APPOINTMENTS IN PUBLIC SERVICES, BY-PASSING PUBLIC SERVICE COMMISSIONS

 

In line with the Social and Political, as well as Public Administration Reforms World over to create a just and fair Civil Society, we also in this Country have established Specialised Independent Recruitment Agencies like, Union Public Service Commission, State Public Service Commissions, and also Banking Service Recruitment Boards, Railway Service Commissions, Staff Selection Committees etc, to ensure fair recruitments.  We have also created a big chain of Employment Exchanges.  Inspite of these, today a large number of Direct Recruitments are being made, by-passing the relevant Service Commissions, Selection Boards and also Employment Exchanges.  These are open to large-scale manipulations.  There are also many reports of Corruption, open sale and auction of jobs to highest bidders. 

 

Many Promotions and Postings today are being made on various considerations of caste, community, religion etc, and also political favouritisms nepotisms etc.  As a result, invariably all the SCs&STs are being frequently appointed, posted and transferred to places far away from their Native Places.  For, they could not meet the open demands of the officials, or pay huge sums of money as bribes and considerations for appointments postings and avoidance of frequent and distant transfers.  This, inspite of the specific instructions that SCs&STs should not be posted out far from their place of living, and also the general instructions that both husband and wife should be posted together in the same station, and not be separated and posted to different stations.  When the actual Representation of SCs&STs are still in the Single Digits in most of the Services Departments Ministries and Offices, why should the SC&ST Dalits be transferred and posted to far off and distant places?  No SC&ST Dalit should be transferred from any office where their proportionate Representation has not been achieved in that Office/Department.  The Proportionate Representation should not be determined just in one Grade in isolation, but in the Total Strength of the Office.  All the Posts have to be taken into account for determining the Proportionate Representation of the SCs&STs in that Office!  Wherever the Proportionate Representation of SCs&STs has not been achieved in an Office, SCs/STs should not be transferred out of that Office, except in the case of personal requests of the SCs&STs.

 

In view of the above, it is necessary to ensure that -

 

a)    SCs&STs are posted nearer to the places of their living,

 

b)    SCs&STs are not transferred far from their normal places of living,

 

c)    SCs&STs are not posted to far off places, as they could not bribe the authorities,

 

d)    SC&ST Women Officers and Staff are not transferred away from their families,

 

e)    In all cases where SCs&STs have to be transferred, they should first be given a chance to choose their places of posting and give their preferences, and be transferred only to the places chosen by them,

 

f)     In all cases of transfer of SC&ST Officers and Staff, they must be provided suitable Departmental Quarters, or Govt Accommodations from the general pool, or at least Leased Accommodations, to ensure that they are not either forced to pay high rents in hiring private accommodations, or face severe problems in renting a private accommodation.

 

g)    A clear Transfer Policy needs to be evolved at the earliest in every Office and Department, to ensure that there is no favoritism and discrimination of SCs&STs.  Only those who have stayed in a Station for too long, must be posted out first, before transferring the SC&ST Officers and Staff,

 

h)    All Offices should have adequate representation of SCs&STs, and no SC/ST should be transferred out of an office if the Representations of SCs&STs are not full in that office,

 

i)     Direct Recruitments by Departments by-passing the Independent Recruitment Agencies and Authorities like Service Commissions etc are avoided.

 

j)     Direct Recruitments if any should only be through Employment Agencies,

 

k)    All Direct Recruitments and Promotions should have Proportionate Representations of SCs&STs,

 

l)     Non-SCs&STs should not be recruited or promoted or transferred and appointed in any form in place of SCs&STs in Posts Reserved for SCs&STs,

 

m)   Non-Safai Karamcharis should not be appointed against Karamcharis' Posts on Technical Grounds of their false declaration of willingness to work as karamcharis, as this puts additional burden of work on the real karamcharis,

 

9.    LAND REFORMS, LAND DISTRIBUTION, AND LAND FOR TILLERS

 

Land Water Forests are National Assets.  They are the Primary Natural Resources of the Country.  They are the Life Lines of the People, particularly for the tillers who for historic caste reasons are only SCs&STs.  Hence, either all the Land Water Forests and other National Assets should belong to the Community, be under the control of the SC&ST Tillers and Users, or be equally distributed to all the People in the Society on a pro-rata basis.  Concentration of Land, Water and Forests in private hands is a danger to the People, particularly the SC&ST Tillers and Tribals of the Forests. 

 

Therefore, there is an urgent need for Land Reforms and Land Distribution, at least every twenty years to ensure that Land and Water always remain with the Tillers, and Forests with the Tribal Users.  Also all Lands alienated from the Tribals and SCs should be restored to them.  Govt Authorities should exercise maximum restraint to Avoid Acquisition of Lands belonging to the SCs&STs.

 

10.  HOUSING AND DISTRIBUTION OF HOUSE SIGHTS

 

SCs&STs still being discriminated in the Society, find it very difficult to rent hire or lease out any accommodation for their use.  This remains to be a big perennial problem for the SCs&STs who are being transferred to outstations.  Hence Govt should always provide Accommodation for SCs&STs whenever transferred. 

 

In view of the above -

 

a)    at least 30% of all Govt Accommodation in every type or class should be reserved for allotment to SCs&STs,

 

b)    SCs&STs Posted or Transferred to a new Station should be provided an accommodation,

 

c)    where no Accommodation is available, SCs&STs should be provided Leased Accommodation,

 

d)    Thirty Percent of all Allotments of Housing Board etc should be made for SCs&STs

 

e)    Thirty Percent of Allotment of House Sites should be made to SCs&STs

 

f)     all benami-transactions in the name of SCs&STs by others should be cancelled,

 

g)    Whenever there is a Report of benami-transactions and benefits in the name of SCs&STs being enjoyed by others, such benefits should be transferred in the name of the next SC/ST waiting for allotment of the benefit, or transferred in the name of the individual reporting if the Reporter happens to be a SC/ST.

 

11.  ACCESS TO WATER AND SHARE IN IRRIGATION RIGHTS

 

Water is an important Natural Resource.  Water is the life line all people and living systems.  Water is not owned or created by anyone.  Hence every Citizen should have a Fundamental Right to free and unhindered access to common water facilities and all water bodies.  Since SCs&STs have been traditionally denied access to water bodies, and deprived of good clean and potable treated water, they should always have the first priority to get and or have access to Water Bodies, Water and Water Supply.

 

Good Quality Drinking Water, is becoming a very rare and scarce resource in the Country today.  Hence Supply of Good Quality Treated and Drinking Water is becoming a high priority all over the Country.  In view of the all round marginalisation of SCs&STs even today, SCs&STs should be given the utmost priority while planning for any Water Supply Systems. 

 

In view of the above, a time bound National and State Plans have to be evolved to Supply Good Quality Treated and Drinking Water to SCs&STs on a high priority.

                                                                     

Govts have spent and are spending billions of Rupees in creating different types of Water Supply Systems all over the Country, and providing for Irrigation of Lands.  SCs, as well as STs in most part of the Country have been deprived of land long ago.  Even in Tribal Areas huge Dams are being built to impound water for Irrigation down stream and to Generate Power.  Such Water and Power are being taken by huge Canals and big Power Lines for use in distant lands by generally SCs&STs.  In the process the Land and Houses of the Tribals are acquired destroyed flooded and submerged.  Tribals are paid one-time terminal compensations, for terminating their age-old traditional lives and livelihood.  They are generally not given any employment or alternate livelihood.   Tribals invariably are not benefited in any way by these big Barrages, huge Dams, mega-Irrigation Systems and large Power Generation Projects.  They also loose once for all the usage of the Forests in their Tribal Areas and the Water in their Rivers. 

 

In view of the above -

 

a)    the Tribals should get due Compensations for their Homes, Lands, Forests etc, taken by the Govt and Project Authorities,

 

b)    the Tribals in addition to the Compensations for their homes, lands, forests etc, should get regular monthly Royalty for all their Land and Water utilised, and also the Power Generated, 

 

c)    the Tribals should also get a Share in the Additional Crops Produced elsewhere, due to Irrigation with the help of the facilities created in the Tribal Areas, after taking away and also submerging the Tribal Lands and Homes,

 

d)    the Tribals should also get due Share of the Water impounded in their areas for Irrigation, and Power Produced and Consumed,

 

e)    where-ever the Tribals are unable to use in full the Water and Power produced in their areas, equivalent Value of the Water and Power taken out for use elsewhere, should be paid to them regularly, as Monetary Compensation of their Share,

 

f)     in all cases where Water and Power allocated to the Tribals as their share are not utilised, either partly or in full, due to lack of development of the Tribal Area, or non-existence of infrastructure facilities, appropriate monetary value for the same should be paid to them as their cost.

 

Similarly -

 

a)    every SC&ST living in the Rural Areas, should have an Equal Share in the Community Water Supply, and also in the Irrigation Water available,  

 

b)    since the SCs&STs in the Villages don't have any Land or adequate Land with them, to utilise the Water and Power available to every individual in the Villages, the Tribals should have the Right to Transfer and or Sell their Share of Water and Power, or be paid Monetary Compensations for their unutilised Share of Water during the Irrigation Seasons, and Power.

 

12.  TRIBALS AND FORESTS

 

Tribals, being looked down both with unspoken contempt, and spoken with total and endless denigration, have proved to be the ultimate wise Communities and Responsible close knit and well organised Societies.  They do not criticise or practice any discrimination amongst themselves.  The Tribals are Wise enough to be Frank Quick Prompt and Forthright in their Decisions, Resolution of Disputes, Settlement of Problems, and in Punishing the Guilty and Wrong Doers!  They could over the many millenniums preserve their lands, their fertility, the thick forests, exploitation and usage of Minor Forest Produce, Jungle Life, Rivers and harvesting of River Water.  We have Destroyed the Forests, Degraded the Lands, Eliminated all Water Bodies, allowed the Rivers to go dry, without any life whatsoever around us.  The diversity and number of life around us, the health of the society, the standards of large sections of the society around us, the freedom of people, the dignity of working classes, the life of creative productive people, the bio-diversity in our lands are all degraded and non-existent!  Yet, today we are out to inform, teach, exploit and disturb the peace and life of the Tribals in their own areas.  We want to now - in the name of Development, Development of Tribal Areas, Development Tribal Lands, Development of Tribal People, Development of the Tribals, National Development, Development of Irrigation Facilities, Development of Power etc - take over the Tribal Lands, control and destroy their Forests, regulate and dam their Rivers flooding their forests lands and dwellings, and flush them out from their ancestral peaceful lands, forcing them to migrate into lawless meaninglessly urbanised mafia dens, order less hutments and soul less concrete jungles.

 

We thus take away the Forests of the Tribals and alienate the Tribals from the Forests, take away the Forest Lands of the Tribals and declare them on our own as encroachers of the Forest Lands, declare the Forests as Jungle Reserves and treat the Tribals as destroyers of the Forests or illegal harvesters of Forest Wealth and poachers of the Wild Life which they had preserved all these millenniums in these Forests of theirs, their forefathers, their children and their descendants!  Whatever be the logic and the rationale, the Forests, Forest Lands and the Rivers flowing through the Tribal Areas all along belonged to the Tribals.  And they have a right to take the Minor Forest Produces, make wise use of the Forests as they have been doing all these millenniums, and right to the Rivers River Waters and Fish there-in.  

 

In view of the above, All Traditional Rights of the Tribals have to be Recognised, and they be allowed to enjoy them with out any external interferences.

 

13.  ABOLITION OF EVIL PRACTICES OF SCAVENGING

 

It is a National Shame that the System of Carrying Night Soil continues in this Country even in the Twenty First Century of the Third Millennium.  Nothing really is being done to eliminate this scourge.  And the Govt is still to come up with Realistic Workable Plans.  All that being done now is to eliminate dry latrines and build in their place water borne systems, build Toilets where none exists.  Now in major Cities and Towns, professional commercial business people have emerged in the name of Voluntary Organisations, NGOs, Scavenging Cooperatives, and Private Contractors, to edge out the Traditional Safai Karamcharis from Govt Offices, Railways, Public Sector Undertakings, and Banks.  These have all combined together have closed all avenues of direct Employments of Safai Karamcharis.  Instead they are being indirectly employed for the same works of Safai Karamcharis in the same Offices under the Contractors, for paltry payment and more work.  For, the Contractors with big greeds and profit motives, and being baniyas and other dominant caste hindus, want not only their pound of flesh, but also are antagonistic towards the Safai Karamchari SCs&STs.  They therefore squeeze out those whom they employ, employ fewer number of hands, pay less, force them work long hours, provide no incentives, extend no welfare measures, give no compensations, and assure no job security.  Thus the Safai Karamcharis today all over the Country are becoming faceless entities.  And, at their cost, the Contractors and the so-called NGOs are raking in Lakhs of Rupees everyday from their Pay Toilets and by exploiting the Safai Karamcharis. 

 

In view of the above -

 

a)    Suitable Remedial Measures have to be therefore evolved to render full Justice to the real SC&ST Safai Karamcharis,

 

b)    Technological and Scientific Innovations and Developments have to be incorporated to reduce both the burden, risks and dangers associated with Safai Karamcharis Works.

 

14.  LIBERATION AND REHABILITATION OF SCAVENGERS

 

While Govt had taken up a Scheme, during the Centenary Celebrations of Baba Saheb Dr BR Ambedkar, to Eliminate Scavenging and Rehabilitate the Scavengers thrown out of Scavenging, nothing worthwhile is being done in a holistic manner. 

 

Justice can be done to the Scavengers and Safai Karamcharis only if -

 

a)    Water-borne Toilets are built all over the Country with appropriate technologies to suit the different areas climate and geo-physical conditions are evolved and adopted,

 

b)    Suitable Materials, good designs, right technologies are adopted to build proper Sewage Disposal Systems, with appropriate safety-precautions including breather outlet poles at regular intervals are provided,

 

c)    Efficient Waste Disposal Systems are brought in with mechanised tools aids and vehicles, to handle move transport and finally dispose of the Wastes and Dangerous and Hazardous Chemicals and Liquids,

 

d)    Scavenging and Waste Disposal Works are accepted as highly Technical and Specialised Jobs, and not be neglected anymore to be left to poor helpless Safai Karamcharis, exploitative Contractors and Middlemen, and insensitive Officials,

 

e)    Safai Works are recognised as Essential Services,

 

f)     Safai Karamcharis are given the Status of Special Highly Essential Workers, and are duly compensated with decent Accommodations with spacious open spaces for proper ventilation, proper entertainment and sports facilities for their Families, good Education for their Children,

 

g)    Special Scholarships and Fellowships are provided for the Education of SC&ST Safai Karamchari Family Members and Children upto the highest available levels,

 

h)    Good Training Facilities are made available to the Family Members and Children of the SC&ST Safai Karamcharis, to take up alternate avenues of Employment and Life, get Self-Empleyed and become Entrepreneurs.

 

15.  ALLOCATION OF PUBLIC-AGENCIES, CONSUMER-OUTLETS, APPOINTMENT OF COMMERCIAL-AGENTS AND CLEARING-AGENCIES

 

For an overall all-round Development of the Country, the Weakest Links in the Society have to be carefully nurtured and Developed.  This therefore has to start with the SC&ST Dalits.  Since their Numbers are huge- 260 plus millions, Problems are big and endless, Resources available with them are negligible - other than their large manpower, tireless hard work, capacity to work for long, skilled hands, virgin native intelligence, none can handle their problems however hard one may try, and committed one may be.  Hence, the Services of the SC&ST Dalits themselves have to be roped in this huge gigantic endless task. 

 

Therefore,

 

a)    the SCs&STs have to be provided with all the Education, best of the Education, and highest of the Education in the World, irrespective of what the Courts may say today, to facilitate them and enable them find the appropriate and optimum solutions to their Problems by themselves,

 

b)    the SC&ST Dalits, particularly the educated trained and experienced amongst them, especially the third fourth generations onwards who have developed the requisite stability maturity and resilience, must be provided with essential monetary and material Resources to build their own big enterprises, industries, business etc with optimum economies of scale,

 

c)    the first and second generation SC&ST Dalits, be encouraged to opt for self employment by providing/allocating them with Public Agencies, Consumer-Outlets, Commercial-Agencies, Clearing Agencies and retail outlets in New Markets and Developing Spheres.

 

16.  SOCIAL JUSTICE

 

The Dreams of the Founding Fathers of the Nation was to Achieve Social Justice, and to build India into a Great Nation, a Nation of all the People of India.  Hence they opted for a Democratic Republic, with a Socialistic Egalitarian Framework, functioning under a Parliamentary System of Govt. 

 

This is so, and the Dream of the People of this Country for Social Justice is of great over-riding importance, because over the millenniums, great injustices had been committed against nearly one fourth of the Indian Population, almost through out the history of this Country, and such a significant section of the society had been and still are condemned to a life below human existence.  That Section of People, the Depressed Classes, referred to as the SCs&STs in the Constitution, had to be granted certain Basic Rights which are natural and normal to any individual in any Civilised Society.  That was even before the Independence of the Country.  Under the force of demand and the reasoning and logic of the Depressed Classes, the Imperial Govt in England saw the logic rationale force meaning and necessity in specifically granting such Basic Rights to the Depressed Classes!  That reasoning and logic, culminated in the historic Govt of India Act 1935.  That Govt of India Act 1935, did not come just as a Gift by the British to the Depressed Classes.  But, it was a fruit obtained during the course of and that too after great long physical struggles, basically in the caste hindu society, and also the moral struggles before the British Indian Govt and the Govt of England; as well as protracted Negotiations and many a long hard Bargaining, between the dominant caste hindus and the Depressed Classes, that too over the diverted issue of 'life or death' of Mahatma Gandhi. 

 

As a combined result of the Depressed Classes Struggles in the Indian Society, and reasonings with the Colonial Indian Govt and Imperialistic British Govts, a Solemn Agreement was reached by Gandhi with Baba Saheb Dr Ambedkar, the Leader of the Depressed Classes in Yerawadha Jail in 1932.  That was inked into a formal Agreement by Baba Saheb Dr Ambedkar on behalf of the Depressed Classes, and the caste hindus led by Madan Mohan Malaviya and other hindu leaders.  That was the Poona Pact of 1932. 

 

It is as a consequence of the Poona Pact, that certain Safeguards and Legal Protections were extended to the Scheduled Class of People, for shielding them from both the aggressive and silent exploitative manipulations of the caste oppressors of the Indian Society, and to save the Minimum Rights due to them.  Those came in the Form of certain Reservations.  Thus, these Reservations were never a Concession, nor Compensation or a Gift, and definitely is not a Relaxation!  They sure are not a negative discrimination - that is, instead of the dominant castes discriminating the poor SCs&STs, for a change, the Govts at the Center and the States or UT Administrations, would step in on behalf of the helpless SCs&STs, and discriminate the better placed or 'inferred' superior caste hindus, to favour the 'indirectly denigrated' inferior, or not so deserving SCs&STs.

 

The gospel truth is that in any Society, there is no one individual who is authorised, or has the power or authority or the right to say bad things about others or condemn them.  And otherwise also, it cannot be said that some are superior and have all the rights for everything.  Also none has the right and authority to indirectly indicate or denigrate, by cleverly using loaded words and leading terms, leave others to infer that, some one or some class or group of People are superior to others, and most others are inferior than the rest.  All these can only be relative terms, seen from someone’s perspective, are relevant for a particular time in specific situations only.  Where a man of letters is required as against a man of physical strength or skill, that same man of letters is utterly useless where a man of physical strength is required as against a man of letters or skill, and where a man of skill is required the man of letters is again useless and also the man of physical strength.  Hence Reservations have to be clearly seen in the Right Perspective of the Principles behind them, and never from the eyes or through the words of exploiting oppressive people, or their insinuating designative or sarcastically condescending words or phrases or speeches. 

 

Because of the above background of Struggles and Legal Protections won from an Imperial Govt's Colonial Rule, in an atmosphere of oppressive unwilling dominant castes unreasonable unfair hold on the majority sections of the society, the Scheduled Class of People have to be Constitutionally Protected in free India of dominant castes rule!  It is for this reason that the Indian Constitution incorporated the Basic Liberal Doctrines of Liberty, Equality, Justice and Fraternity.  They were required basically to Constitutionally end the Oppressions, Suppressions, Injustices and Caste Antagonisms, in a Future India where the reasonably neutral Rule of Law by the Imperial Rule would not be there!  By this, the Liberal Ethos Values and Respect for Equality and Equality before Law by the Western Liberal Administration were sought to be replaced by the written Constitution for a Democratic Republic.  These were to be the only reasonable substitutes.  We have to be very clear here! 

 

What Ambedkar struggled for during those dark days of total caste oppression - with his grit, determination, and strong belief in the Liberal Values he acquired after years of learning, and the practical fine honing he had had while living in the Liberal Western World - to win for the Depressed Classes as Special Guarantees in 1932 when none existed, and incorporated the same nearly two decades earlier as the Land Mark Constitutional Provisions for SCs&STs, are the Real Forces behind all the Dreams of the Indian Constitution, to make this Nation a Civilised Society, a Democracy and a Republic.  Yes!  That in a Country of Oppressions and Discriminations, in a Nation of Inequalities and Injustices, in a Society to which Liberty and Equality are anathema and alien, amongst the People who had not heard of, and even otherwise never wanted to accept and practice Democracy or build India into a Republic!   These Guarantees and Safeguards to the Weaker Sections are the Real Life and True Spirit of the Constitution.  Only the Guarantees and Safeguards to the SCs&STs will take Democracy to the Door Steps of the People, including the SC&ST Dalits, Minorities and Other Backward Classes.  Yes, thus Baba Saheb Dr Ambedkar had put the Indian Society and the Indian Nation, on the right rails in the right track with the right engine in the right direction.  

 

It is a sad reality and a big tragedy that the Courts, instead of Protecting the Safeguards and Guarantees to the SC&ST Dalits as per the ideals and dreams of the Founding Fathers of the Nation and makers of the Constitution, and as per the Constitutional Provisions, are now arraigned against the still left out marginalised poor helpless SC&ST Dalits!  This, in spite of the Special Constitutional Provisions!  The dominant caste hindus and Courts are trying to abridge what the Freedom Struggle and Constitutent Assembly had given to all Weaker Sections!!  Hence, the SC&ST Dalits today are now being forced to fight bitterly, just to safeguard the Constitution and preserve the Special Constitutional Provisions from those subverting and sabotaging SC&ST's Education, Employment, Training and Postings, Promotions and Deputations inside and outside the Country!  The SCs&STs today are sadly pitted against powerful forces that have nothing legal or constitutional on their side, but an endless capacity to manipulate, distort, and put forward confusing arguments half truths and half lies!  Today, when every thing of Liberal Value, Egalitarian Principles, Socialistic Concerns, Parliamentary System, Democratic Governance and Republican Structures are under attack, and the Constitution is being sought to be torn apart, SCs&STs are forced to remember, that the Liberty, Equality, Justice that the Constitution Promises to SCs&STs, specifically to SCs&STs - the Dalits who are still being denied of them - can be preserved only if they have a Determination to assert their existence. 

 

The SCs&STs are now convinced that only open Struggles for their Share in Every Walk of Life, before the watchful eyes of the International Observers and Opinion Makers of the World, will Ensure and Win for them those Rights and Shares of theirs which the casteist prejudiced biased elements still want to deny, even after Baba Saheb had not won these for them nearly seventy years ago, and also built them into the Constitution!  They are now being pushed to the wall, and made to believe that only the Determination and Urge of all the SCs&STs to Struggle for their Rights and Shares are what will ultimately win for SC&ST Dalits Liberty Equality and Justice!  And then, this same Society will be willing to build Fraternity with the SC&ST Dalits!  That is what they see the World Over, how many Oppressed Sections had fought asserted won and established their Rights Identity Justice Freedom Liberty and Equality!   And today, the examples of many still doing the same exists for them to see in many parts of the World!  It is that Justice, social economic and all that is important!  That Social Justice to all in the Nation has to be ensured, if SC&ST Dalits are to be kept in Peace and not forced to Struggle!  That Justice, Social Justice, has to be now ensured -

 

a)    in the Courts 

b)    in Education

c)    in Employment

d)    in Service

e)    in Financial Assistance from Banks, Financial Institutions

f)     in Grants-in-Aids to NGOs

g)    in Promotion and Recognition of NGOs and guided-SC&STs' NGOs

h)    in entrepreneurs Development, Training and Promotion

i)     in Appointments of MDs, CMDs, and Chairman of Corporations

j)     in Appointment of Directors, Governing Bodies, Board of Directors

k)    in Recognition of Unions and Welfare Associations

 

When in doubt, the Views of the National Commission for SCs&STs should always, and mandatory be taken.  In all Court cases also when the interests of SCs&STs are involved, the opinion of the National Commission for SCs&STs should be taken to honestly access and evaluate the cases, before any decision is taken and judgements are written. 

 

17.  HUMAN RIGHTS OF SC&ST DALITS

 

SC&ST Dalits are the most exploited and oppressed Sections of Humanity, in the whole World.  These Oppressions often take cynical and criminal overtones.  As a direct result, SC&ST Dalits even today are suppressed to the extreme, and are subjected to untold sufferings, unfair discriminations, inhuman atrocities and total violation of Human Rights.   Any amount of Legal Measures and Constitutional Provisions cannot protect the SC&ST Dalits when discrimination is in the bone and blood of the dominant castes!  Often, oppressions and exploitations as well as the discriminations and marginalisation of the SCs&STs, and the victimisation and atrocities against them are being committed unconsciously, as a matter of routine.  Only when the SCs&STs themselves are in a position to resist and ward off the discriminations against them, can they be in a position to escape atrocities and oppressions.  Legal Remedies and Constitutional Provisions by themselves cannot solve and overcome a complex multi-dimensional historic social injustice.  Hence, socio-economic, cultural and physical empowerment of SCs&STs is now an absolute necessity.

 

SCs&STs should therefore, be helped to organise themselves right from the Village Levels, into self-help groups to defend themselves, assert and protect their Human Rights.  Anyone from any part of the Country and any corner of the World, should be free to visit the SC&ST Areas any time and at any place, without any restrictions and reservations, see for themselves the levels of their lives and conditions in which they live, how exactly they are being exploited, victimised, oppressed and suppressed, and freely discuss the same openly in any Fora!  Only these would then help bring in Help from all over the World, to make the large number of SC&ST Dalits live freely and fearlessly, as total Human Beings with full Civil Liberties and all Human Rights.

 

18.  Dr AMBEDKAR FOUNDATION

 

It is very sad that the entire Foundation has now become defunct, and left in the hands of just a poor Accounts Officer.  Even the Building from which the Foundation had been functioning had been taken over by the Govt.  The Foundation had not only been pushed out of that 25, Ashoka Road, but the entire building had been demolished!  This, in the name of putting up a Metro-Railway Station in that place!  Govt could only find that place and Dr Ambedkar Foundation as an easy target.  The building had been totally demolished, even with out a Trace!  This was an easy excuse to push out Dr Ambedkar Foundation from the heart of Delhi!  Even that Metro-Rail Station that will come up in that place, may not be named as Dr Ambedkar Foundation Metro-Rail Station! 

 

Since Dr Ambedkar Foundation has now virtually been rendered defunct, it is necessary to -

 

a)    Restore all the Original Programmes of the Foundation, especially Dr Ambedkar Overseas Fellowships for Study Abroad, 

b)    Revive all dropped, sidelined and shelved Programmes and Schemes accepted by the Govt during the Centenary Celebrations,

c)    establish a suitable Dr Ambedkar Memorial at 24 Alipur Road, New Delhi, where Ambedkar Lived during his last days, and attained mahaparinirvan, as early as possible,

d)    construct Dr Ambedkar National Library at an early date,

e)    provide adequate number of suitable and committed Officers and Staff, 

f)     declare Dr Ambedkar Foundation as a National Institution of SC&ST Dalits of this Country, specially under Article of the Indian Constitution,

g)    Name the proposed Metro Rly Station at the demolished Dr Ambedkar Foundation as Dr AMBEDKAR FOUNDATION METRO-RAIL STATION

h)    Constitute the Governing Body and Advisory Bodies for the Foundation.  These should always be compact and small.  All former Directors must be included in the Committees, to rope in their valuable experiences,

i)     associate a Member of Dr Ambedkar's Family with the Policy Formulation and Working of the Foundation,

j)     appoint only a prominent Ambedkarite to be the Vice Chairman of the Foundation. 

 

19.  SPECIAL SC&ST DALIT CENTERS

 

SC&ST Dalits today are 260 plus million.  It is too large a number, and very big a Population.  Such a large Community, that too the essential Agricultural Workers are even now subjected to untold oppressions, discriminations, exploitations, deprivals and injustices, and crushed under crude criminal caste and communal atrocities!  Hence the SC&ST Dalits today are at the very bottom of the Society without anything - be it land, homes, education, employment, earnings, wages, leadership, NGOs, Educational and other Institutions, Organisations, Parties etc.  Developing such a big poor and helpless Society, is very very difficult.  For this, sufficient ground has to be prepared!  To facilitate SC&ST Development, a number of infrastructural arrangements need to be organised and built up. 

 

Today, it is necessary to help the SC&ST Dalits to appropriately establish and build, at the State, District and Block/Taluk Levels their own -

 

a)    Community Halls

b)    Cultural Centers

c)    SC&ST Libraries in Villages

d)    Ambedkar Bhawans in State Capitals, UT Areas, District HQrs and Taluk Centers

e)    Ekalaivya Sports and Training Centers

 

Govts should also actively assist SC&ST Dalits to establish their own guided NGOs and Development Centers in all the Rural Areas and Dalit Villages.  It is also necessary to help the SC&ST Dalits, to establish their own Institutions such as,

 

i)          SCAT-DDC    - SC&ST Dalits' Development Centres

ii)         SCAT-DEC    - SC&ST Dalit Education Centres

iii)        SCAT-DHRC - SC&ST Dalits' Human Rights Centres 

iv)        SCAT-DWDC- SC&ST Dalit Women Development Centres

v)         SCAT-DCDC - SC&ST Dalit Child Development Centres

 

20.  NATIONAL COMMISSION FOR SCs&STs

 

National Commission for SCs&STs, being a Constitutional Authority, expected to function as a bulwark of the Constitution to protect the interests welfare and Development of the SCs&STs in the Country, and also advice the Govt, Parliament and the President of India on these issues, should be given more Powers to deal with its onerous responsibilities.  These Powers in any case should not be less than that of any other Commission or Regulatory Authority being set up by the Govt under various Acts.

 

It is now clear that the attitudes approaches and works of SC&ST Officers and Staff working honestly for the Welfare and Development of the Poor People, particularly the SCs&STs is resented by most of others.  In view of this, today there is hardly any one single SC/ST who has not been harassed or victimised in Service.  In addition, the Problems of discrimination, harassment, oppression and violence against the SCs&STs are growing at a very rapid rate these days.  All these add to the workload and burden on the Commission. Hence the expectations from the Commission are increasing with every passing day.   Therefore, there is an urgent need to strengthen and empower the Commission, to increase its effectiveness and real utility.

 

Further, to ensure a meaningful functioning of the Commission -

 

a)    the National Commission for SCs&STs should be strengthened,  

 

b)    Dynamic and Committed Officers only be posted,

 

c)    the Commission should be appropriately facilitated with adequate man-power and budget to prepare and submit its Reports in time every year, clearly bringing out State/UT wise details about -

 

i)     the actual number of atrocities, their nature, cases reported, the number actually registered, number of cases taken up prosecution, cumulative number of cases that were in the Courts during that year, and the number of cases decided by the Courts, dropped, dismissed, acquitted and punished, gone on appeals etc,

ii)   the conditions of SCs&STs in the Agricultural Sector, as Small Farmers with their own Lands, Marginal Farmers with Leased Lands, Landless Agricultural Labourers, Payment of Minimum Wages etc,

iii)  the extent of Waste, Fallow, and Surplus Land available, and the Land Distributed amongst the SCs&STs,

iv)   the quantum of Agricultural Loans etc provided to SCs&STs by the Banks, Financial Institutions etc,

v)    the number of special Cooperatives and NGOs promoted amongst the SCs&STs to promote self-help, and encourage the SCs&STs to take up their own Community Works by themselves, with out depending on others or looking towards others for help succor and relief,

vi)   the performance of SC&ST Development Corporations, the number of projects and loans sanctioned, Bank Loans arranged, number of beneficiaries, and average pro-rata funds made available, as well as the repayment of past loans received and recoveries effected,

vii)  the SCP, TSP and SCA schemes, and the funds earmarked, sanctioned, released, utilised and surrendered, '

viii)          the number of SCs&STs displaced, loss of land and homes, and rehabilitation

ix)   the number of SCs&STs benefited and trained by various other Departments, from out of their own resources, and programmes and schemes - apart from those trained on sponsor by SC&ST Departments etc, or out of the Funds placed at their disposal by the SC&ST Department or Corporations for such training programmes and schemes,

x)    the education of SCs&STs in primary schools, high schools, colleges, universities, professional courses etc, and the number of drop-outs,

xi)   the free ships awarded, scholarships sanctioned for studies in schools, post-matric scholarships, Professional Courses, PG Studies, and for MPhil, PhD etc,

xii) the number of hostels for boys and girls, in schools, colleges, and for PG Students and Scholars in the University.

xiii)          the number and percentage of SC&ST employees recruited and trained with-in the Country in short courses, executive-development courses, managerial-development programmes, long courses, specialist courses, and studies in Universities etc in the Country leading to a degree etc,

xiv) the number of SC&ST Employees promoted, superceded, deputed with-in the Country and outside, posted to UN and other International Organisations, and deputed for training abroad, and studies to foreign universities leading to a some degree etc,

xv)  the number of SCs&STs department wise against whom disciplinary and vigilance cases have been initiated, just before their promotions and before their retirements.

 

The Reports and Recommendations of the Commission, to be meaningful, must be made public within one month of their presentation and placed in both houses of the Parliament, examined by the Parliamentary Forum on SCs&STs in detail within three months, and discussed by both Houses of Parliament within six months of their presentation.

 

 

II.   EFFICIENT EFFECTIVE AND FULL UTILISATION OF FUNDS EARMARKED FOR TRIBAL SUB PLAN, SPECIAL COMPONENT PLAN AND SPECIAL CENTAL ASSISTANCE

 

There are frequent and regular complaints from almost all parts of the Country that the Funds earmarked for SCs&STs are not being fully utilised, properly made use of and for the actual and exact purposes for which they have been earmarked.  There are a number of cases that the funds have been diverted to totally unintended purposes like building parks and beautification of fountains and the city etc.  These because there are no proper Official Scrutiny or detailed Financial Audit.  Similarly there are no Public Monitoring and Administrative Audit in all these cases.

 

Therefore appropriate Local Committees with at least 80% Representation of SCs&STs, with experts on Education, Rural Development, Weaker Sections, Human Rights, and Administrative and Managerial Expertise should be set up to meet regularly atleast once a month to closely Review and Monitor the TSP, SCP and SCA Programmes and Funds to ensure that they are fully efficiently and effectively utilised.

 

Govts should  -

 

a)    Carefully select honest sincere and hardworking Officers with empathy for the Poor and the Weak, to work in the SC&ST Welfare Departments and Offices,

 

b)    Appoint Regional and Local Committees under the Local MPs, with the local MLAs, local SC&ST Leaders from the ruling and all the opposition parties as members, to monitor and evaluate the working of SC&ST Departments and Offices in the Area,

 

c)    Local SC&ST Welfare Associations, Unions and NGOs should have an access to check and ensure that the benefits go to only poor SCs&STs, and are not cornered by others through benami transactions. 

 

 

 

III.  CONSTRAINTS AND BOTTLENECKS IN INVESTIGATION AND PROSECUTION OF CASES UNDER SCs&STs PREVENTION OF ATROCITIES ACT 1989, and PROTECTION OF CIVIL RIGHTS ACT 1955

 

Many SCs&STs, SC&ST Officials and SC&ST Activists themselves are not aware of the Civil Rights Act 1955, and the Prevention of SC&ST Atrocities Act 1989.  Many Lawyers and Police Officials are also not aware of these Acts.  Even when they have heard of them, they do not actually know the various provisions in theses Acts.  Most of the times the SCs&STs being poor and helpless, do not want to go to the Police, or get involved with the Courts.  They also find it difficult to often leave or abstain from their work, and also spend their time and money to go and wait in the Courts, or are humiliated and harassed by the Court functionaries, and subjected to unnecessary confusing repetitive questioning and cross-examinations by the insensitive lawyers.  And often times, the SCs&STs fear further aggressive actions by the caste hindus and their agents.  This keeps the SCs&STs away from making the complaints with the Police. As a result, in a large number of cases SCs&STs themselves do not Report the Cases Crimes and Violations under this Act.  Even when the SCs&STs report Cases under these two Acts; the Police Officials refuse to register the Cases,

 

a)    out of their Ignorance about these Acts and the Provisions under them,

b)    due to their reluctance to register cases,

c)    because the complainants are SCs&STs,

d)    to protect and shield the caste hindus who have committed the crimes,

e)    to keep the number of cases under these Acts low,

f)     due to the general biases of the Police against the SCs&STs.

 

Atrocities against the SCs&STs continue inspite of these Acts, since -

 

a)    the caste hindus are not aware of these Acts, the Provisions under them, and the punishments that will befall them,

 

b)    invariably the main culprits who Plan and Execute, and also those who are behind or are the main perpetrators of the Crimes and Atrocities against the SCs&STs are so meticulous that they manage to escape,

 

c)    the main actors are rich politically powerful and or otherwise influential enough in the area that no authorities or police ever touch them,

 

d)    even in those rare cases are registered, due to prevailing inefficiency, or indifference to work, rampant corruption, total dishonesty, and animosity against the SCs&STs, the perpetrators are in a position to buy their way out with the help of the police, lawyers themselves, court officials, judges, and the caste hindu witnesses,

 

e)    the SC&ST Witnesses themselves are neutralised or turned hostile, or held back from attending the Courts, as they are easily purchased and scared from attending the Courts to provide evidence, as they are generally weak poor and helpless,

 

f)     the local officials are often very helpless and insensitive, even when they are not hostile, 

 

g)    many officials fail in their duties.

 

 

In view of these, it is necessary to introduce -

 

a)    Punishments to erring officials,

 

c)    Promotions of Police and Court Officials should be linked to Timely Registration of Cases, Quick Investigations, and the number of Convictions they could get,

 

d)    Recognition and Rewards to Achievers and Result Oriented Officials,

 

e)    Involvement of recognised good SC&ST Welfare Associations and Unions,

 

f)     Active association of reputed NGOs to advice and help in the Investigation and Prosecution of the Cases.

 

RESERVATIONS IN JUDICIARY

 

The Problems with the SCs&STs in this Country, are the unreasonable biases and prejudices of others, the officials, the leaders, Govt, and Police.  This situation is further complicated by the extreme poverty, ignorance, superstition, illiteracy and helplessness of the SCs&STs.  Add to the top of it their large numbers.  And the whole atmosphere is being vitiated by the officials staff and workers unwillingness to work, their all round incapacity to do anything constructively, their inability to be efficient, their in capabilities to think speak write and act reasonably honestly and rationally; and the Courts and Judges dishonesty in hiding their traditional biases and prejudices against the poor helpless SCs&STs in Legal Niceties and blatant distortion of the facts to dilute the Laws and the Constitution itself!  They do not want to uphold the Indian Constitution by which they swear falsely once in a while, but prefer to stand by the inhuman illogical and irrational laws and prescriptions of their gods goddesses, scriptures and Machiavellian Manu, by whom they invariably always swear!  This becomes possible and very easy as the caste hindus at every level always manipulate to appoint mediocre people of their castes and groups as Judges everywhere.  This is so because of the prevailing atmosphere and culture of casteism, nepotism, favouritism, corruption and dishonesty!  And also because Reservations for SCs&STs as well as Other Backward Classes are strangely not being enforced or implemented at the time of Selection and Appointments of Judges!  Therefore, there is no wonder, that the Courts have been from the very first day, instead of upholding and in the name of interpreting the Laws and the Constitution, have been violating the Laws and distorting the Constitution, further destroying the Indian Society by reinforcing the Caste Evils, thus endangering Peace in the Society and ruining straight away the Future of this Nation!

 

In view of the above, there is an absolute necessity to ensure RESERVATIONS IN JUDICIARY AT ALL LEVELS, at least at this late hour.  This at last, is the utmost essential requirement, if We as a People and Nation are to tackle and deal with all the ills indifferences insensitiveness inefficiencies and in capabilities of the Bureaucracy Govts and the Courts.  This is also the only answer to the blatant and deliberate biases of the Courts, as being reflected in their biased untrue unfair and unjust superficial casual Judgements.

 

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Let anyone show a dalit who has been spared!

 

 

Let someone show us one Dalit who has not been hurt!

 

 

Let them show to the World a Dalit who has been allowed to live Peacefully!

 

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