Sunday, December 6, 2009
Marx and Ambedkar?
Today Dalits movements are at crossroad. They are devided into many folds on the basis of regions, ideologies, priorities etc. But real problems of Dalits remain same. Dalits movemetns have been controlled by the educated Dalit bourgoise and therefore the focus of dalit movements have been reservation. Reservation has created one class among Dalits communities and the beneficiary of reservation doesnt think beyound it. Major problem of Dalits are gross poverty, malnutrition, hunger, landlessness, illiteracy apart from caste atrocitities and untouchability. Semi-feudal and brahminical social values dominate the practice of upper caste/class but even dalits follow the suit. Working class dalits and their honest leaders have to find out the way. Dilemma of Dalits regarding the leading ideologue for emaniciaption is the question has to be settled. Ambedkar stands for equal but liberal form of society whereas Marx is radical ideologue who has influenced the working and all exploiated class at international level. Dalit question is part of international capitalist and emperialist problem and therefore it has to be fought on Marxist line. But dalits have be coutious of brahminical marxist. there is need to reconcile ambedkarism and marxism for emanicipation of dalit and all working class.
Violence Against Dalits
“Injustice anywhere causes threat to justice everywhere.”
Despite the Constitutional, legal and institutional measures to protect, preserve and promote the basic human rights and dignity of Scheduled Castes(Dalits) and Scheduled Tribes(Adivasis), India’s most vulnerable, marginalized and historically oppressed and excluded community; atrocities and violence on these sections of society have increased and impact of special law and institutions have been very marginal and limited.
Various reports(NCSC,2004; NHRC, 2002, Expert Group to Planning Commission, 2008; NCRB, Crime in India, 2007; Justice Malimath Committee on Reforms of Criminal Justice System, 2003 etc) and studies have expressed serious concern on increasing atrocities and violence on Dalits and Adivasis of India.
The Report of Expert Group, Planning Commission on ‘Development Challenge in Extremist Affected Areas’, 2008 stated that:
“Widespread practice of social discrimination, untouchability, violence, and atrocities against the weaker sections is an index of the failure of the promises made to the oppressed people of this country.”
Identifying the link between poverty, atrocities and Naxalite movement, the report rightly pointed out that the main support for the Naxalite movement comes from dalits and Adivasis because, Dalits continue to face wide-ranging economic, social disadvantages, and day to day humiliation and degradation, denial of justice and violent atrocities in India.
The genesis of discontent among Dalits lies in the age-old caste-based social order, which condemns them to a life of deprivation, servility, and indignity. The Constitution of India and various legislative and policy measures have created entitlements to undo this structure of oppression. But the traditionally privileged classes have had an undue influence on the process of implementation of these measures.
In the famous report of the Commissioner of SC/ST in 1988(28th report) the commissioner attributed the violence related to both Dalits and STs to three causative factors. One, unresolved land disputes related to allotment of government lands or distribution of ceiling surplus lands to SC/ST persons. Two, tension and bitterness on account of non-payment or underpayment of prescribed minimum wages. Three, resentment of upper castes over the manifestation of awareness among the SCs and STs about their rights and privileges as enshrined in the Constitution and various other laws relating to their welfare.
The National Commission on SCs and STs in its report in 2004 analyze violence against SCs and STs between 1997 and 2001, as published by the National Crime Record Bureau under the Ministry of Home Affairs. It shows that between 1997 and 2001, 1,27,933 atrocities against SCs were committed which gives an average figure of 25,587 per year.
The newly set up National Commission for STs indicates that figures of atrocities against the tribal communities in the central tribal belt of Madhya Pradesh and Chattisgarh have shown a significant increase between 2001 and 2004 – from 2021 in 2001 to 3012 in 2002 and 2553 in 2003, reaching 2343 in 2004. This is the belt which is most affected by Naxalite violence.
Committee (J. Malimath) on Reforms of Criminal Justice System, Government of India, Ministry of Home Affairs, 2003 stated:
“Weaker sections of society like the Schedule Caste and Schedule Tribes suffer more when the Criminal Justice System fails to live up to expectations.”
Malimath Committee identified three major problems of criminal justice system:
Huge number of pendency of criminal cases
Inordinate delay in disposal of criminal cases(time and money consuming)
Very low conviction rate: India- 42% under IPC cases, 83% under SLL, 30% under POA, in US, UK EU etc conviction rate is about 92%
“Historically speaking, Criminal Justice System seems to exist to protect the power, the privilege and the values of the elite sections in society.”
“The system (Adversarial) is heavily loaded in favour of the accused and is insensitive to the victims’ plight and rights.”
“Life has become unsafe and people live in constant fear. Law and order situation has deteriorated and the citizens have lost confidence in the Criminal Justice System.”
Equating truth with justice, the committee observed that, ‘pursuit of truth should be the guiding star of the Criminal Justice System and therefore, truth must prevail if justice has to be done.’ But, in present system, outcome of legal battle heavily depends on manipulative capacity of lawyers, appreciation of evidence etc.
To substantiate the above statement lets have a at a glance at the latest data provided by the National Crime Record Bureau ( NCRB) Crime in India, 2007
According Crime in India Report, 2007 two Dalits are killed; three Dalit women and two Adivasis women are raped every day.
The average conviction rate for crime against SCs and STs stood at 30.9%(only 26.1% under POA) as compared to overall conviction rate of 42.3% relating to IPC and 83.8% relating to (special laws)SL cases.
Lower conviction rate, higher acquittal rate and huge number of pending cases under the POA Act, 1989 is matter of great concern, notwithstanding the fact that as per section 14 of the POA Act, for the purpose of providing for speedy trial, the State Government shall, with the concurrence of the Chief Justice of the High Court, by notification in the Official Gazette, specify for each district a Court of Session to be a Special Court to try the offences under this Act. Thus a Exclusive Special Court has to be established in each district by the State Government for speedy trial of the cases under the Act. After twenty years of Act only 137 Exclusive Special Courts, have been set up in the States of Andhra Pradesh (12), Bihar (11), Chhatisgarh (07), Gujarat (10), Karnataka (07), Madhya Pradesh (29), Rajasthan (17), Tamil Nadu (04) and Uttar Pradesh (40).In rest of the cases the district session courts have been designated s special court by the most of the states government, in most of the districts.
It must be noticed that many cases go unreported because of ignorance, poverty and lack of faith in police and judicial system. Dr. Manmohan Singh, Prime Minister of India expressed shock over this state of affairs (The Hindu, Tuesday, Sep 08, 2009).
This research project will undertake a study of socio-legal dimensions on the functioning of Exclusive Special Courts under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
The politics of preventing harm: POA, Act was enacted in 1989 when champion of social justice B.P. Singh(JD lower caste base) was the Prime Minister but Rule was framed in 1995 when Narsimha Rao(Congress, Dalits were traditionally supported the congress party), PCR, 1955( as amended in 1976 by Indira Gandhi during emergency time to keep dalit vote bank intact), UOA, 1955(Nehru Congress) very weak law but to show the crocodile tear, impact of Dr. Ambedkar and Gandhi’s movement against untouchability and fulfill the constitutional obligation(Art. 17). Even before independence several states enacted laws and made regulation to curb the blot of untouchability.
Despite the Constitutional, legal and institutional measures to protect, preserve and promote the basic human rights and dignity of Scheduled Castes(Dalits) and Scheduled Tribes(Adivasis), India’s most vulnerable, marginalized and historically oppressed and excluded community; atrocities and violence on these sections of society have increased and impact of special law and institutions have been very marginal and limited.
Various reports(NCSC,2004; NHRC, 2002, Expert Group to Planning Commission, 2008; NCRB, Crime in India, 2007; Justice Malimath Committee on Reforms of Criminal Justice System, 2003 etc) and studies have expressed serious concern on increasing atrocities and violence on Dalits and Adivasis of India.
The Report of Expert Group, Planning Commission on ‘Development Challenge in Extremist Affected Areas’, 2008 stated that:
“Widespread practice of social discrimination, untouchability, violence, and atrocities against the weaker sections is an index of the failure of the promises made to the oppressed people of this country.”
Identifying the link between poverty, atrocities and Naxalite movement, the report rightly pointed out that the main support for the Naxalite movement comes from dalits and Adivasis because, Dalits continue to face wide-ranging economic, social disadvantages, and day to day humiliation and degradation, denial of justice and violent atrocities in India.
The genesis of discontent among Dalits lies in the age-old caste-based social order, which condemns them to a life of deprivation, servility, and indignity. The Constitution of India and various legislative and policy measures have created entitlements to undo this structure of oppression. But the traditionally privileged classes have had an undue influence on the process of implementation of these measures.
In the famous report of the Commissioner of SC/ST in 1988(28th report) the commissioner attributed the violence related to both Dalits and STs to three causative factors. One, unresolved land disputes related to allotment of government lands or distribution of ceiling surplus lands to SC/ST persons. Two, tension and bitterness on account of non-payment or underpayment of prescribed minimum wages. Three, resentment of upper castes over the manifestation of awareness among the SCs and STs about their rights and privileges as enshrined in the Constitution and various other laws relating to their welfare.
The National Commission on SCs and STs in its report in 2004 analyze violence against SCs and STs between 1997 and 2001, as published by the National Crime Record Bureau under the Ministry of Home Affairs. It shows that between 1997 and 2001, 1,27,933 atrocities against SCs were committed which gives an average figure of 25,587 per year.
The newly set up National Commission for STs indicates that figures of atrocities against the tribal communities in the central tribal belt of Madhya Pradesh and Chattisgarh have shown a significant increase between 2001 and 2004 – from 2021 in 2001 to 3012 in 2002 and 2553 in 2003, reaching 2343 in 2004. This is the belt which is most affected by Naxalite violence.
Committee (J. Malimath) on Reforms of Criminal Justice System, Government of India, Ministry of Home Affairs, 2003 stated:
“Weaker sections of society like the Schedule Caste and Schedule Tribes suffer more when the Criminal Justice System fails to live up to expectations.”
Malimath Committee identified three major problems of criminal justice system:
Huge number of pendency of criminal cases
Inordinate delay in disposal of criminal cases(time and money consuming)
Very low conviction rate: India- 42% under IPC cases, 83% under SLL, 30% under POA, in US, UK EU etc conviction rate is about 92%
“Historically speaking, Criminal Justice System seems to exist to protect the power, the privilege and the values of the elite sections in society.”
“The system (Adversarial) is heavily loaded in favour of the accused and is insensitive to the victims’ plight and rights.”
“Life has become unsafe and people live in constant fear. Law and order situation has deteriorated and the citizens have lost confidence in the Criminal Justice System.”
Equating truth with justice, the committee observed that, ‘pursuit of truth should be the guiding star of the Criminal Justice System and therefore, truth must prevail if justice has to be done.’ But, in present system, outcome of legal battle heavily depends on manipulative capacity of lawyers, appreciation of evidence etc.
To substantiate the above statement lets have a at a glance at the latest data provided by the National Crime Record Bureau ( NCRB) Crime in India, 2007
According Crime in India Report, 2007 two Dalits are killed; three Dalit women and two Adivasis women are raped every day.
The average conviction rate for crime against SCs and STs stood at 30.9%(only 26.1% under POA) as compared to overall conviction rate of 42.3% relating to IPC and 83.8% relating to (special laws)SL cases.
Lower conviction rate, higher acquittal rate and huge number of pending cases under the POA Act, 1989 is matter of great concern, notwithstanding the fact that as per section 14 of the POA Act, for the purpose of providing for speedy trial, the State Government shall, with the concurrence of the Chief Justice of the High Court, by notification in the Official Gazette, specify for each district a Court of Session to be a Special Court to try the offences under this Act. Thus a Exclusive Special Court has to be established in each district by the State Government for speedy trial of the cases under the Act. After twenty years of Act only 137 Exclusive Special Courts, have been set up in the States of Andhra Pradesh (12), Bihar (11), Chhatisgarh (07), Gujarat (10), Karnataka (07), Madhya Pradesh (29), Rajasthan (17), Tamil Nadu (04) and Uttar Pradesh (40).In rest of the cases the district session courts have been designated s special court by the most of the states government, in most of the districts.
It must be noticed that many cases go unreported because of ignorance, poverty and lack of faith in police and judicial system. Dr. Manmohan Singh, Prime Minister of India expressed shock over this state of affairs (The Hindu, Tuesday, Sep 08, 2009).
This research project will undertake a study of socio-legal dimensions on the functioning of Exclusive Special Courts under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
The politics of preventing harm: POA, Act was enacted in 1989 when champion of social justice B.P. Singh(JD lower caste base) was the Prime Minister but Rule was framed in 1995 when Narsimha Rao(Congress, Dalits were traditionally supported the congress party), PCR, 1955( as amended in 1976 by Indira Gandhi during emergency time to keep dalit vote bank intact), UOA, 1955(Nehru Congress) very weak law but to show the crocodile tear, impact of Dr. Ambedkar and Gandhi’s movement against untouchability and fulfill the constitutional obligation(Art. 17). Even before independence several states enacted laws and made regulation to curb the blot of untouchability.
Political Reservation and Dalits
Dalits, Political Reservation
Any policy, legal or constitutional amendment initiative regarding reservation creates great ripple and issue of debate, space for conflict among intelligentsia, civil/caste society and respective stakeholders. But shockingly no such conflict or any serious debate has happened on 109th Constitutional Amendment Act, 2009 which was brought to amend Article 334 to extend the limitation of political reservation for Dalits(SCs) and Adivasis(STs) for further ten years and that will cease to have effect on the expiration of seventy years from the commencement of the Constitution of India. This amendment will come into force from 25th January, 2010 and will exist in force till 24th January, 2020. This is the only constitutional amendment done consecutively and timely. Six times such amendments[1] have been brought to extend the constitutional validity of political reservation from 1960 to 2009 because in original constitution reservation for SCs and STs in the House of People and Legislative Assembly was provided for ten years from the commencement of the Constitution.
In order to ensure ‘political justice’ to historically oppressed, marginalized and excluded communities; the liberal Indian Constitution makes substantive provisions[2] for reservation of seats for SCs and STs in the House of People and Legislative Assemblies. Article 330 provides for Reservation of Seats for Scheduled Castes and Scheduled Tribes in the House of People, Article 332 provides for Reservation of Seats for Scheduled Castes and Scheduled Tribes in Legislative Assemblies of the States and Article 334 provides for limitation of political reservation.
In a liberal and bourgeoisie democracy head count matters a lot and therefore, all major sections of society are sought to be represented in legislative body to secure legitimacy of bourgeoisie policies. Proportionate numbers of Dalits and Adivasis have been elected for Lok Sabha or States’ Assemblies from 1950 onwards but their contribution on legislative initiatives have been very minimal.
The Representation of People’s (RPA) Act, 1951 lays down the qualification and eligibility criteria for membership of the House of People and the Legislative Assemblies in States. Section 4 of RP Act provides for the qualification for the House of the People for all in general and for SCs and STs in particular. Apart from other section 4(a) is of special significance for SCs candidate. Its states that, ‘in the case of a seat reserved for the Scheduled Castes in any State, he is a member of any of the Scheduled Castes, whether of that State or of any other State, and is an elector for any Parliamentary constituency.’ The moment any scheduled castes changes his domicile, he loses the benefit of reservation in the matter of admission in educational institutions or employment in government services but not in case of political reservation. Why this principle is not followed in other reservation policy? Doesn’t it violate the equality
principle of the Constitution? Section.5 of RP Act provides the qualifications for membership of a Legislative Assembly.
The general criteria for the membership of the House of People or Legislative Assemblies are as follows:
He/she must be an elector for any Parliamentary constituency
In cases of SC or ST, he/she must be member of SCs or STs communities
He/she must have completed 25 years of age
He/she must be of sane mind
He/she must not be barred under any law
Section 55 of RPA Act expressly mentions that a member of the Scheduled Castes or of the Scheduled Tribes shall not be disqualified to hold a seat not reserved for members of those castes or tribes, if he is otherwise qualified to hold such seats under the Constitution and this Act. Meaning thereby any SCc or STc member can contest the election from general constituency but in a very rare case even established Dalit or Adivasis politician show any courage to contest the election from general constituency. And thus reserved constituency has become a kind of ‘zagirdari’ for dalit politicians like Mira Kumar and Ramvilas Paswan. Mira Kumar has reserved Sasaram constituency and Ramvilas Paswan has reserved Hajipur constituency. They can’t even think of contesting parliamentary election from general constituency even after thirty years of active political career.
Dalit Muslim and Dalit Christians are not constitutionally and legally identified as Scheduled Caste therefore, they are not entitle to contest any election reserved for SCs though suffer the same discrimination and exclusion in society but the same principle is applicable with regard to Adivasis Christians. This is legal fallacy which need to be changed.
As per delimitation of parliamentary and assembly constituencies order, 2008, a total of 128 seats have reserved for SCs/STs in the House of People and a total of 1492 seats have been reserved in Legislative Assemblies of States. Before delimitation order, 2008; a total of 120 seats were reserved for SCs and STs in the House of people thus eight seats have increased from 2009 general election. As per delimitation order 1976 a total of 1102 seats were reserved for SCs/STs in Legislative Assemblies of the States thus 390 seats have increased from 2008.
Total seats for the House of People or Legislative Assemblies has not been increased from 1976 situation, however, Dalits and Adivasis are beneficiary as seats for reserved constituency have increased according to proportionate population of respective communities.
Landlessness, poverty, malnutrition, unemployment, discrimination and displacement of Dalits and Adivasis have been the major issues for Dalits and Adivasis since independence. Despite the land reforms policy and some other welfare measures taken by the central and state government to improve the condition of these communities, they remain at periphery, exploited, humiliated and discriminated. The socio-economic profile of SCs/STs given by Expert Group to Planning Commission on ‘Development Challenges in Extremist Affected Areas, 2008 highlight the plight, suffering, poverty and illiteracy of these communities that is nothing but the evidence of limitation of political reservation. Elected dalits and Adivasis legislatures have been puppet or ‘chamacha’ of dominant caste/class politicians and parties. As Dr. Ambedkar once said that Dalits representative doesn’t represent their fellow brethren but to their political master. They never open their mouth in parliament unless they feel bore and tired. They only open their mouth to take yawn. But few dalit political families and some Dalit Netas have become rich through this system leaving huge mass in hapless and helpless situation.
All these human development index indicators regarding plight and sufferings of original inhabitant of India are manifestation of constitutional crime committed by the ruling class of the country. Formation of Indian society on socialist and humanist philosophy was the aim of the Constitution- the supreme law of land, through democratic way, but to ruling political parties supported by capitalist class has made mess of this country. Some political families and industry tycoon have become super rich on blood and sweat of working class dalits/Adivasis and poor. For how long constitutional betrayal by the ruling class could have been tolerated? This causes sense of alienation among the huge masses of country side and became base of naxalite movement. Gross poverty, pauperization, corporate loot, landlessness are the root cause of naxal violence but state is determine to fight and finish poor but not poverty.
Extended interpretation of right to life and personal liberty[1] includes right to development, rright to education, right to food, right to shelter, right to health, right to work etc. Article 37 states that the principles (DPSP) therein laid down are nevertheless fundamental in the governance of the country and it shall be the duty of the State to apply these principles in making laws. State is under constitutional obligation to implement socialistic measures. Indian Constitution, being the social document for social revolution aims to from new social order based on justice, substantial equality and real liberty and therefore has to minimize the inequality in income and eliminate inequality is status facilities and opportunities, not only amongst individuals but also amongst groups of people residing in different areas or engaged in different vocations.
Had the Articles 38, 39 41, 43, 43A, 44, 45 and 46 of the Constitution been implemented in letter and spirit, India of 2009 could have been different.
Look at the revolutionary provisions:
Article 38. (1) The State shall strive to promote the welfare of the people by securing and protecting as effectively as it may a social order in which justice, social, economic and political, shall inform all the institutions of the national life.
(2) The State shall, in particular, strive to minimize the inequalities in income, and endeavour to eliminate inequalities in status
Article 39. The State shall, in particular, direct its policy towards securing—
(a) that the citizens, men and women equally, have the right to an adequate means of livelihood;
(b) that the ownership and control of the material resources of the community are so distributed as best to subserve the common good;
(c) that the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment;
(d) that there is equal pay for equal work for both men and women;
(e) that the health and strength of workers, men and women, and the tender age of children are not abused and that citizens are not forced by economic necessity to enter avocations unsuited to their age or strength;
(f) that children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against exploitation and against moral and material abandonment.
Article 39A. The State shall secure that the operation of the legal system promotes justice, on a basis of equal opportunity, and shall, in particular, provide free legal aid, by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities.
Article 41. The State shall, within the limits of its economic capacity and development, make effective provision for securing the right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement, and in other cases of undeserved want.
Article 43. The State shall endeavour to secure, by suitable legislation or economic organization or in any other way, to all workers, agricultural, industrial or otherwise, work, a living wage, conditions of work ensuring a decent standard of life and full enjoyment of leisure and social and cultural opportunities and, in particular, the State shall endeavour to promote cottage industries on an individual or co-operative basis in rural areas.
Article 43A. The State shall take steps, by suitable legislation or in any other way, to secure the participation of workers in the management of undertakings, establishments or other organizations engaged in any industry.
Article 45. The State shall endeavour to provide, within a period of ten years from the commencement of this Constitution, for free and compulsory education for all children until they complete the age of fourteen years.
Article 46. The State shall promote with special care the educational and economic interests of the weaker sections of the people, and, in particular, of the Scheduled Castes and the Scheduled Tribes, and shall protect them from social injustice and all forms of exploitation.
What is needed to be done: Capitalism and brahminism are the principal enemies of working class, poor, dalits and Adivasis. They have to uproot the system, and institution of violence and exploitation. For that only revolutionary politics based on revolutionary ideas and practice among masses can bring about real change in existing political and economic system. Indian society being culturally diverse, proportionate representation system of election will be better instead of first past the post election system. To elect real dalit and adivasis representative, principle of separate electorate has to be brought in through constitutional amendment. To control the elected representative, principle of right to recall and negative voting has to be incorporated in the constitution and related legislation. Money and muscle power play major role in existing political and election system and there is no internal democracy among political parties. A comprehensive legislatition has to be enacted to deal with political parties and illicit relationship with capitalist class. If people democracy instead of capitalist democracy has to be established, working class and all oppressed section of society has to launch a new democratic and proletarian revolution for better future.
Any policy, legal or constitutional amendment initiative regarding reservation creates great ripple and issue of debate, space for conflict among intelligentsia, civil/caste society and respective stakeholders. But shockingly no such conflict or any serious debate has happened on 109th Constitutional Amendment Act, 2009 which was brought to amend Article 334 to extend the limitation of political reservation for Dalits(SCs) and Adivasis(STs) for further ten years and that will cease to have effect on the expiration of seventy years from the commencement of the Constitution of India. This amendment will come into force from 25th January, 2010 and will exist in force till 24th January, 2020. This is the only constitutional amendment done consecutively and timely. Six times such amendments[1] have been brought to extend the constitutional validity of political reservation from 1960 to 2009 because in original constitution reservation for SCs and STs in the House of People and Legislative Assembly was provided for ten years from the commencement of the Constitution.
In order to ensure ‘political justice’ to historically oppressed, marginalized and excluded communities; the liberal Indian Constitution makes substantive provisions[2] for reservation of seats for SCs and STs in the House of People and Legislative Assemblies. Article 330 provides for Reservation of Seats for Scheduled Castes and Scheduled Tribes in the House of People, Article 332 provides for Reservation of Seats for Scheduled Castes and Scheduled Tribes in Legislative Assemblies of the States and Article 334 provides for limitation of political reservation.
In a liberal and bourgeoisie democracy head count matters a lot and therefore, all major sections of society are sought to be represented in legislative body to secure legitimacy of bourgeoisie policies. Proportionate numbers of Dalits and Adivasis have been elected for Lok Sabha or States’ Assemblies from 1950 onwards but their contribution on legislative initiatives have been very minimal.
The Representation of People’s (RPA) Act, 1951 lays down the qualification and eligibility criteria for membership of the House of People and the Legislative Assemblies in States. Section 4 of RP Act provides for the qualification for the House of the People for all in general and for SCs and STs in particular. Apart from other section 4(a) is of special significance for SCs candidate. Its states that, ‘in the case of a seat reserved for the Scheduled Castes in any State, he is a member of any of the Scheduled Castes, whether of that State or of any other State, and is an elector for any Parliamentary constituency.’ The moment any scheduled castes changes his domicile, he loses the benefit of reservation in the matter of admission in educational institutions or employment in government services but not in case of political reservation. Why this principle is not followed in other reservation policy? Doesn’t it violate the equality
principle of the Constitution? Section.5 of RP Act provides the qualifications for membership of a Legislative Assembly.
The general criteria for the membership of the House of People or Legislative Assemblies are as follows:
He/she must be an elector for any Parliamentary constituency
In cases of SC or ST, he/she must be member of SCs or STs communities
He/she must have completed 25 years of age
He/she must be of sane mind
He/she must not be barred under any law
Section 55 of RPA Act expressly mentions that a member of the Scheduled Castes or of the Scheduled Tribes shall not be disqualified to hold a seat not reserved for members of those castes or tribes, if he is otherwise qualified to hold such seats under the Constitution and this Act. Meaning thereby any SCc or STc member can contest the election from general constituency but in a very rare case even established Dalit or Adivasis politician show any courage to contest the election from general constituency. And thus reserved constituency has become a kind of ‘zagirdari’ for dalit politicians like Mira Kumar and Ramvilas Paswan. Mira Kumar has reserved Sasaram constituency and Ramvilas Paswan has reserved Hajipur constituency. They can’t even think of contesting parliamentary election from general constituency even after thirty years of active political career.
Dalit Muslim and Dalit Christians are not constitutionally and legally identified as Scheduled Caste therefore, they are not entitle to contest any election reserved for SCs though suffer the same discrimination and exclusion in society but the same principle is applicable with regard to Adivasis Christians. This is legal fallacy which need to be changed.
As per delimitation of parliamentary and assembly constituencies order, 2008, a total of 128 seats have reserved for SCs/STs in the House of People and a total of 1492 seats have been reserved in Legislative Assemblies of States. Before delimitation order, 2008; a total of 120 seats were reserved for SCs and STs in the House of people thus eight seats have increased from 2009 general election. As per delimitation order 1976 a total of 1102 seats were reserved for SCs/STs in Legislative Assemblies of the States thus 390 seats have increased from 2008.
Total seats for the House of People or Legislative Assemblies has not been increased from 1976 situation, however, Dalits and Adivasis are beneficiary as seats for reserved constituency have increased according to proportionate population of respective communities.
Landlessness, poverty, malnutrition, unemployment, discrimination and displacement of Dalits and Adivasis have been the major issues for Dalits and Adivasis since independence. Despite the land reforms policy and some other welfare measures taken by the central and state government to improve the condition of these communities, they remain at periphery, exploited, humiliated and discriminated. The socio-economic profile of SCs/STs given by Expert Group to Planning Commission on ‘Development Challenges in Extremist Affected Areas, 2008 highlight the plight, suffering, poverty and illiteracy of these communities that is nothing but the evidence of limitation of political reservation. Elected dalits and Adivasis legislatures have been puppet or ‘chamacha’ of dominant caste/class politicians and parties. As Dr. Ambedkar once said that Dalits representative doesn’t represent their fellow brethren but to their political master. They never open their mouth in parliament unless they feel bore and tired. They only open their mouth to take yawn. But few dalit political families and some Dalit Netas have become rich through this system leaving huge mass in hapless and helpless situation.
All these human development index indicators regarding plight and sufferings of original inhabitant of India are manifestation of constitutional crime committed by the ruling class of the country. Formation of Indian society on socialist and humanist philosophy was the aim of the Constitution- the supreme law of land, through democratic way, but to ruling political parties supported by capitalist class has made mess of this country. Some political families and industry tycoon have become super rich on blood and sweat of working class dalits/Adivasis and poor. For how long constitutional betrayal by the ruling class could have been tolerated? This causes sense of alienation among the huge masses of country side and became base of naxalite movement. Gross poverty, pauperization, corporate loot, landlessness are the root cause of naxal violence but state is determine to fight and finish poor but not poverty.
Extended interpretation of right to life and personal liberty[1] includes right to development, rright to education, right to food, right to shelter, right to health, right to work etc. Article 37 states that the principles (DPSP) therein laid down are nevertheless fundamental in the governance of the country and it shall be the duty of the State to apply these principles in making laws. State is under constitutional obligation to implement socialistic measures. Indian Constitution, being the social document for social revolution aims to from new social order based on justice, substantial equality and real liberty and therefore has to minimize the inequality in income and eliminate inequality is status facilities and opportunities, not only amongst individuals but also amongst groups of people residing in different areas or engaged in different vocations.
Had the Articles 38, 39 41, 43, 43A, 44, 45 and 46 of the Constitution been implemented in letter and spirit, India of 2009 could have been different.
Look at the revolutionary provisions:
Article 38. (1) The State shall strive to promote the welfare of the people by securing and protecting as effectively as it may a social order in which justice, social, economic and political, shall inform all the institutions of the national life.
(2) The State shall, in particular, strive to minimize the inequalities in income, and endeavour to eliminate inequalities in status
Article 39. The State shall, in particular, direct its policy towards securing—
(a) that the citizens, men and women equally, have the right to an adequate means of livelihood;
(b) that the ownership and control of the material resources of the community are so distributed as best to subserve the common good;
(c) that the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment;
(d) that there is equal pay for equal work for both men and women;
(e) that the health and strength of workers, men and women, and the tender age of children are not abused and that citizens are not forced by economic necessity to enter avocations unsuited to their age or strength;
(f) that children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against exploitation and against moral and material abandonment.
Article 39A. The State shall secure that the operation of the legal system promotes justice, on a basis of equal opportunity, and shall, in particular, provide free legal aid, by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities.
Article 41. The State shall, within the limits of its economic capacity and development, make effective provision for securing the right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement, and in other cases of undeserved want.
Article 43. The State shall endeavour to secure, by suitable legislation or economic organization or in any other way, to all workers, agricultural, industrial or otherwise, work, a living wage, conditions of work ensuring a decent standard of life and full enjoyment of leisure and social and cultural opportunities and, in particular, the State shall endeavour to promote cottage industries on an individual or co-operative basis in rural areas.
Article 43A. The State shall take steps, by suitable legislation or in any other way, to secure the participation of workers in the management of undertakings, establishments or other organizations engaged in any industry.
Article 45. The State shall endeavour to provide, within a period of ten years from the commencement of this Constitution, for free and compulsory education for all children until they complete the age of fourteen years.
Article 46. The State shall promote with special care the educational and economic interests of the weaker sections of the people, and, in particular, of the Scheduled Castes and the Scheduled Tribes, and shall protect them from social injustice and all forms of exploitation.
What is needed to be done: Capitalism and brahminism are the principal enemies of working class, poor, dalits and Adivasis. They have to uproot the system, and institution of violence and exploitation. For that only revolutionary politics based on revolutionary ideas and practice among masses can bring about real change in existing political and economic system. Indian society being culturally diverse, proportionate representation system of election will be better instead of first past the post election system. To elect real dalit and adivasis representative, principle of separate electorate has to be brought in through constitutional amendment. To control the elected representative, principle of right to recall and negative voting has to be incorporated in the constitution and related legislation. Money and muscle power play major role in existing political and election system and there is no internal democracy among political parties. A comprehensive legislatition has to be enacted to deal with political parties and illicit relationship with capitalist class. If people democracy instead of capitalist democracy has to be established, working class and all oppressed section of society has to launch a new democratic and proletarian revolution for better future.
Sunday, June 7, 2009
Apolitical culture in law schools of India
Law in one sense is nothing but politics either made by the legislative body of state or interpreted and evolved by the judiciary. It is the main source of class power and rule in liberal bourgeoisie polity and society. The capitalism and market forces govern the leading Indian Law Schools(NLSIU,NALSAR etc) and therefore, the culture and environment of these law schools are most apolitical. It is very dangerous trend for society and polity.
Illusion of Neutrality
Intellectuals who are severed from the masses are wont to be airy-fairy, hyperbolic and suffer from the illusion of neutrality. Indian progressive and penpusher academicians and intellectuals are highly confused over the principal contradiction of society, economy and polity. Some says castes and some says religion but few are of the opinion that class(capital-labour) is the principal contradiction of the day. The main reason for this situation is that the most of intellectuals are alienated from the people. They think in closed room surrounding with the books but not with the people.
Capital and capitalists control everything--thoughts, words and deed, polity,democracy, society and culture. The capitalist form of society is the major development from feudal form of society but nevertheless it is most inhuman, exploitative and discriminatory. It based on exploitation of man by man. Poverty, inequality and injustice are the basis for capitalism. Liberal democracy and polity are controlled by the rich capitalists class behind the scene-parliament. Class struggle led by the real working class party for the establishment of classless and just society is the only solution for present day crisis in all walk of life.
Capital and capitalists control everything--thoughts, words and deed, polity,democracy, society and culture. The capitalist form of society is the major development from feudal form of society but nevertheless it is most inhuman, exploitative and discriminatory. It based on exploitation of man by man. Poverty, inequality and injustice are the basis for capitalism. Liberal democracy and polity are controlled by the rich capitalists class behind the scene-parliament. Class struggle led by the real working class party for the establishment of classless and just society is the only solution for present day crisis in all walk of life.
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