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Need to effectively defend Centre’s teachers’ reservation ordinance against PIL in Supreme Court

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In a letter to Prakash Javadekar, Union human resource development minister, PS Krishnan, former secretary, ministry of welfare, Government of India, has insisted on the need to effectively defend the Central Educational Institutions (Reservation in Teachers’ Cadre) Ordinance, 2019 against the Public Interest Litigation filed on March 8, 2018 in the Supreme Court, even as offering points to be incorporated in the government’s counter-affidavit and arguments. Text of the letter:

Classroom

It is welcome that, on the proposal of your esteemed Ministry and the Cabinet’s approval, the Central Educational Institutions (Reservation in Teachers’ Cadre) Ordinance, 2019 dated the 7th March 2019 has been issued, and your Ministry has issued on the same day the reservation notification for the SCs, STs and Socially and Educationally Backward Classes (SEdBCs) in terms of the Ordinance, treating the Central Educational Institution as the unit for the purpose of reservation.

This has corrected the drastic reduction in the number of reserved posts, which arose from the Allahabad High Court’s judgment in 2017 in the Vivekanand Tiwari case.

While this is welcome and you and the Government deserve appreciation for this, it would have been better if

(a)  your esteemed Ministry and the UGC had fully and properly placed the rationale behind the policy then existing, its basis in the Constitutional mandate for Equality, which includes Equality for SCs, STs and SEdBCs in faculty positions at every level compared to the Socially Advanced Castes (SACs), the present abysmal level of representation of SCs, STs and SEdBCs in the faculties and the severely damaging consequences of treating each Department as the unit, contrary to the Constitutional mandate;
(b)  you had heeded my advice at repeated occasions from 24. 10. 2017
(c)   the Ordinance had been issued immediately after the Supreme Court’s dismissal of your esteemed Ministry’s SLP/Appeal, without losing time on the Review Petition
(d)   you had heeded my advice that the Review Petition is futile and will not yield any result, and will only cost time.
If action had been taken effectively in respect of the issues at (a) and (d) above and in accordance with my advice, your esteemed Ministry  and the Government would have got full credit.

I am now writing this to request you to kindly take prompt action to effectively defend the Ordinance against the PIL filed in the Supreme Court by two persons named  Prathvi Raj Chavan and Ms Priya Sharma on 8.3.2019, supported by full justification of the Ordinance and the correctness of the procedure restored by it, and their base in the values and mandates of the Constitution and the basic feature and the basic structure of the Constitution, which mandates and provides for real Equality. It is also necessary to preclude any stay order by taking anticipatory measures like filing a caveat.

I enclose herewith some of the points (click HERE) which need to be covered in the Government’s counter-affidavit and in arguments on behalf of the Government in the Supreme Court.

It has to be ensured that the AG and other Counsels appearing on behalf of the Government are fully briefed and instructed to raise these points in their arguments, and in addition to oral arguments, to submit to the court written arguments fully covering these points.

It would also be advisable and it would also help to correct the partly negative impression created by the avoidable points (a) to (d), if a draft of the Government’s counter-affidavit is placed in the public domain.  This will help everybody to see how seriously and sincerely the Government takes the first step in effectively defending the Ordinance against the PIL.   It will also help in enabling any Constitution-spirited person to suggest any additional points for inclusion in the counter-affidavit, which the Government may consider.

I shall be happy to provide any assistance in strengthening the Government’s defence of the Ordinance.  In 2006, when on the initiative of  one of your esteemed predecessors, late Arjun Singh, the Constitution (Ninety-third Amendment) Act was enacted to correct the consequence of the Inamdar judgment of 2005, and on the basis of the new clause (5) inserted in Article 15, the Central Educational Institutions (Reservation in Admissions) Act 2006 was enacted, he and the Secretary, late Sudip Banerjee, who was devoted to Social Justice, sought my help, as Advisor, in preparing the Government’s counter-affidavit and looking after the defence of the Act and new Clause (5) of Article 15, which help I readily provided on the condition that no remuneration shall be paid to me.

My role as above and in providing the full socio-historical background of the matter to ex-Solicitor General late Vahanvati, Additional Solicitor General Gopal Subramanium and Special Counsel K Parasaran and also to the counsels  of State Governments and NGOs, who also appeared as co-respondents, and thus orchestratring and symphonizing the defence powerfully, helped in getting a unanimous judgment upholding the validity of the Central Educational Institutions (Reservation in Admissions) Act 2006 and the Constitution (Ninety-third Amendment) Act 2005.
I trust you will kindly consider the above and ensure that there is no laxity in defending the Ordinance and that the sincere efforts of the Government in this regard are publicly visible so as to remove scope for any misgivings and criticism.

It is good that the 200-point roster has been restored.  But the existing 200-point roster itself is a dilution of the roster that was introduced in 1993.  The 200-roster of 1997 reduced the position of SCs and STs by a misinterpretation of the Supreme Court’s Sabharwal judgment in 2005. I shall write to you separately about this and further improvement in the sequencing of points in the 200-point roster, so as to facilitate filling up the backlog as quickly as possible and faster fulfillment of the reservation goal in respect of SCs, STs and SEdBCs.

Courtesy: Counter View
 

Appeal to non-BJP opposition Parties Regarding 2019 Elections

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The coming 2019 may prove to be a watershed in India’s political history, as were the 1977 elections forty-two years ago.  In 1977, elections were held after a declared Emergency, during which the Constitution was suspended, political activity disallowed and opposition leaders and activists imprisoned. The success of non-Congress parties in those elections strengthened the electoral system in Indian democracy. Since then all ruling parties losing elections have demitted office gracefully, rather than attempting to subvert the popular mandate.

However, since 2014, the Modi government has attacked democracy in more insidious, thorough-going and indirect ways. This attack is aimed at weakening the institutional and popular foundations of democracy in India. It should be stressed that the regime has functioned in close proximity with its parent body, the RSS. Its policies are designed in pursuance of the RSS goal of militarising the political culture and creating an atmosphere of perpetual communal conflict. These are some of the elements of this strategy.
 

  1. The Modi regime has devalued constitutional institutions, subverted the separation of powers, and used executive power for sectarian and corrupt purposes. It has diminished the legislative authority of the parliament, hidden information from parliamentary committees, and used it as a platform for political abuse. The use of CBI against political opponents, meddling in its functioning – including subverting its internal structure with the help of hand-picked officials is one of its infamous deeds. It has lied to the judiciary, and interfered in judicial appointments with mala-fide intentions. Governors appointed by it in states ruled by opposition parties have acted shamelessly as its agents.
  2. The Cabinet system is in shambles, the principle of collective responsibility thrown to the winds. The PMO and a clutch of favoured officials and non-constitutional authorities such as the NSA have usurped the power tomake major decisions. This has been exposed most clearly in the Rafale deal.
  3. The Modi regime has tried to subvert the federal structure of the Union to concentrate central power. Agencies such as the CBI, NIA, ED have been used opportunistically for this purpose.
  4. The Modi regime has shamelessly subverted India’s criminal justice system. The use of sedition law and the NSA against students, journalists and activists who question it has become pervasive. Prosecution trials of Hindutva activists accused of terrorist acts have been wrecked from within. Upright officials have been victimised, and even judges threatened discreetly. The file containing evidence on Aseemanand’s involvement in the (Malegaon blast case) disappeared. Crucial evidence on the death of Judge Loya and two of his friends was apparently ignored and the case was subject to an indecent burial – the manner in which this was done has brought disrepute to our judiciary.
  5. In states like UP, police have unleashed a reign of fake encounters to eliminate and threaten opposition party workers. In scores of incidents involving public lynching of poor people transporting cows, the so-called cow-vigilantes filmed themselves carrying out these brutal acts, indicating their confidence that they would be protected. In sum, the BJP/RSS regime has openly enabled hooliganism and violence. With what face can it confront Maoist and jehadi violence?
  6. The Modi regime has tried to destroy the autonomy of important institutions of governance, which are necessary to maintain impartiality, professionalism and transparency. This became obvious in the case of the RBI, NSSO and CBI. The autonomy of institutions such as the Election Commission, Central Information Commission, etc has been sought to be compromised. Even more sinister is the attempt to drag the military and security organs into their political campaign.
  7. The Modi regime has used state power to advance the totalitarian programme of the RSS and its affiliates. Marginalised communities have suffered the most from this policy. Religious minorities have been threatened and attempts made to erode their political representation and constitutionally protected rights. There have been a series of attacks on Dalits who question the caste system; and Adivasis trying to assert their autonomy. It tried to pass a communalised Citizenship Amendment bill which makes a mockery of the secular Constitution, and would have destroyed the delicate fabric of community relationships in North-East India.
  8. The Modi regime has tried to criminalise India’s political culture and reduce it to gutter politics. The Prime Minister and BJP President have lied in public rallies and used offensive language against their political opponents. Its armies on social media have systematically circulated rumours and fake claims, and trolled critics of the government with hate messages in foul language including threats of rape and molestation. Organised groups have attacked and threatened ordinary citizens in the name of patriotism.
  9. In the aftermath of the Pulwama suicide bombing, RSS fronts (ABVP, VHP, Bajrang Dal) have attacked innocent Kashmiri students and traders in places like Dehra Dun, thus further undermining social integrity, which depends on the impartial rule of law. This propaganda campaign was so poisonous that the CRP command had to run a programme to counter the communal poison being spread on social media by the so-called patriots. Senior retired Armed Forces officers have denounced these attempts at politicising the Services. It is now clear that anyone who differs from the RSS/BJP runs the risk of being attacked as ‘anti-national’

All these are taking India towards a totalitarian and violent mass culture, which will be a threat to everyone who do not come out to support the regime. Any successes of BJP in the coming elections will deepen the hollowing out of Indian democracy. All non-BJP political parties, irrespective of their programmes, and regardless of the social groups they represent, will be victims of the implosion of democracy under BJP/RSS rule.

We appeal to all opposition political parties to realise and confront the gravity of the threat to democracy. It is a time to rise above political competition. Political parties can function only in a democratic institutional structure and popular culture. If Modi, the BJP and the RSS succeed in their plans, our democratic institutions will be destroyed, and political parties will become irrelevant.

Besides an operational and effective electoral understanding, it is essential that parties project a minimum programme to undo the most insidious actions of the Modi regime. This should include the following.
 

  1. The law for electoral bonds passed by the Modi government, allowing anonymous corporate contributions should be scrapped. All contributions to political parties should be transparent.
  2. The colonial law on sedition should be scrapped.
  3. We need a public commitment to strengthen citizens’ rights by not allowing misuse of draconian laws like the NSA, and further strengthen the right to information (RTI). A charter of citizen’s rights should be brought out.
  4. Strengthen rights-based social welfare programmes like the MNREGA.
  5. Laws are needed against social media abuse, particularly ones directed at women, in the light of threats of sexual violence received by many women activists, writers and journalists.

 
Battini Rao, Convener, PADS
Dilip Simeon, Author and Historian, Former Professor of DU
Dipak Dhoulakia, TU & Social activist, Delhi
Harsh Kapoor, Editor, SACW
Jamal Kidwai, Aman. Delhi
Kiran Shaheen,  Social Activist, Delhi
Sanjay Kumar, DU, Delhi

Courtesy: Counter Current
 

Minority and Indigenous Women Human Rights Activists More Prone to Harassment: UN Report

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The report said that women activists working for tribal rights who have waged struggles against big corporations and well-resourced government authorities are often implicated and harassed by police.

United Nations
Image Coutesy: edition.cnn.com
 

A United Nations Human Rights Council report released on Sunday, March 10, noted that women human rights activists from minority and indigenous background in the country are more prone to physical attacks, death threats and smear campaign on social media. 

Citing the examples of Indian women human rights activists like Soni Sori and Rana Ayyub, the report maintained that women human rights defenders are often subjected to online harassment, violence and attacks, which include threats of sexual violence, verbal abuse, sexuality baiting, doxing (a practice in which private information about a person is shared online by others) and public shaming. 

The UN report authored by Special Rapporteur Michel Forst, stated that former Tehelka journalist Rana Ayyub was particularly targeted on social media for her religious background. It said, “In April 2018, Indian investigative journalist Rana Ayyub was subjected to an online hate campaign and death threats when she was misquoted on Twitter. She was threatened with sexual violence on social media and subjected to misogynistic vitriol and hate speech for being a Muslim woman. A deepfake pornographic video manipulated to include her face was circulated. She was doxed and bombarded with sexual messages. Her reports to the police were not taken seriously, and the perpetrators are yet to be brought to justice.”

The report added that women activists working for tribal rights who have waged struggles against big corporations and well-resourced government authorities are often implicated and harassed by police. The case of Soni Sori, a Chhattisgarh-based women right activist who was subjected to brutal physical and sexual violence for raising her voice against the atrocities committed on tribal communities also found mention in the report. 

It said, “In Chhattisgarh, India, for example, adivasi schoolteacher Soni Sori continues to be slandered, harassed and intimidated by the police for her activism. In February 2016, she was the victim of an acid attack by unidentified assailants who warned her not to complain about the Inspector General of Bastar District and threatened her daughter. In 2011, she was arrested on eight charges. She was acquitted in seven of them and granted bail in connection with the eighth. While in custody, she reported being tortured and sexually harassed.” 

The report added that Sudha Bhardwaj who has been fighting court cases related to tribals in Chhattisgarh too became a victim of smear campaign which ultimately resulted in her arrest. The report noted, “Sudha Bhardwaj, a lawyer who assists adivasis, dalits, workers and farmers, endured a vicious smear campaign and was arrested on August 28, 2018, under the Unlawful Activities (Prevention) Act. Her house was raided, her personal items seized, and she has been placed under house arrest.” 

Globally, the report claimed that apart from militarisation and fundamentalist groups, globalisation and neoliberal policies have led to economic disempowerment and power inequalities that affect the rights of women. Similarly, the powerful states like USA are adopting polices which are detrimental for women activists working for reproductive rights. It argued, “Restrictive donor policies have also had a distinct impact on women defenders. For example, the policy of the United States of America entitled “Protecting Life in Global Health Assistance” (known as the global gag rule), which was introduced in 2017, requires NGOs receiving funding from the United States to certify that they do not engage in certain abortion-related activities, including counselling, referrals and advocacy on access to safe services. The policy has had an adverse impact on women defenders working on sexual and reproductive rights, HIV, sexual orientation and gender identity rights and sex workers’ rights.”

Courtesy: News Click