The proposed enactment is unlikely to be taken seriously by the Narendra Modi-headed BJP government with a comfortable majority. But there can be no doubt that if enacted, Tharoor’s Bill would go a long way in promoting equality and preventing discrimination not only against Muslims but every vulnerable segment of India’s citizenry.

The Sachar Committee’s mandate was to prepare a comprehensive report on the ‘Social, Economic and Educational Status of the Muslim Community in India’ and to make necessary recommendations for addressing issues related to the socio-economic backwardness of the community.

The Committee’s report submitted in November 2006 highlighted the fact that Indian Muslims were victims of institutionalised discrimination and suggested several short and long-term remedial measures. In 2007 the then UPA government tabled the report in Parliament and declared its intent to act upon all the Committee’s recommendations.
However, as several reports have since pointed out, the actions taken have at best been token in nature.

Between 2007 and 2014, when the UPA government was voted out of power, the recommendation for an Equal Opportunities Commission was tossed around between the Ministry for Minorities Affairs, National Commission for Human Rights and the National SC/ST Commission before being altogether forgotten.

Whether the national scene would have been altogether different had a law of the kind now suggested by Tharoor been enacted during the pendency of the UPA regime is now a matter of conjecture. However, his private Bill has within it the clear possibility of placing before citizens a promising counter-narrative.

The overarching aim of the Bill is to promote equality and prevent harassment, boycott, segregation, discriminatory violence and victimisation of any targeted group of persons based on caste, ethnicity, race, sex, gender identity, pregnancy, sexual orientation, religion and belief, tribe, disability, linguistic identity, HIV status, nationality, marital status, food preference, skin tone, place of birth or residence, age.

In addition, it includes any group of persons suffering widespread and substantial social, economic, political, cultural or educational disadvantage.

The wide-ranging protection provided by the Bill cannot be dismissed on the ground of alleged “appeasement of minorities”.   

The ‘Anti-Discrimination and Equality Bill, 2016’ envisages the creation of a Central Equality Commission to be headed by a Chief Equality Commissioner (CEC) who is a retired judge of the Supreme Court or chief justice of a high court or a senior advocate practicing in the Supreme Court. The CEC is to be assisted by two Equality Commissioners (ECs). One of them would be a distinguished academic and the other a member from civil society who has “worked for organisations committed in advancing the purpose of the Act”. At least one of the three ECs should be a woman.

The other nine ex-officio members of the Commission will be the chairpersons of the present national commissions for SCs, STs, minorities, human rights, women etc.
The functions of the Chief Equality Commission shall include:

• Eliminate discrimination, harassment, boycott, segregation, discriminatory violence and victimization.
• Encourage the formulation and adoption of good practice in relation to equality, anti-discrimination and diversity for the disadvantaged groups.
• Promote awareness and understanding of the rights and duties under this Act.
• Assist aggrieved persons in seeking legal remedies provided under this Act.
• Monitor the enforcement of this Act.
• Review, from time to time, the functioning of this Act and make recommendations for its improvement.

The powers of the Central Equality Commission:

• Approach any court for the enforcement of this Act.
• Require any public servant to undergo diversity training.
• Take any other reasonable action towards the implementation of this Act.
• Conduct equality impact assessments of the activities of composition of any public authority or any private person performing a public function.
• Direct a State Equality Commission (to be set up along similar lines as the central commission) to investigate any alleged breach of provisions of this Act.

The full text of the Bill may be read here.
 
 

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The ultimatum submitted to the Vice Chancellor R C Sobti demands cancellation of the expulsion of the Dalit students and appropriate action against Prof Jaiswal by October 16, 2016. If the university administration fails in fulfilling demands of the students, the ultimatum says that the students will go on a peaceful and indefinite sit-in in front of the administration block, in addition to pursuing cancellation of the admissions of all the Scheduled Caste (ST) and Scheduled Tribes (ST) students in the university.

The application, which has listed a number of allegations against Prof Jaiswal, says that that the students belonging to the SC and SC categories feel “frightened, suppressed and terrorised” because of him and that the students are fed up of his discriminatory behaviour. It alleges that Prof Jaiswal uses castist slurs in public places and threatens students of ruining their future.

Prof Jaiswal, who has had serious and proven allegations of sexual harassment against him, was suspended from the university in 2009 for a period of four years. The inquiry committee headed by the former high court judge Shailendra Saxena had found Jaiswal guilty of sexually harassing a research scholar working under him. Yet, the verdict was challenged just after the current VC assumed its charge in 2013. Jaiswal was given a clean chit by an internal committee and has been serving in different positions in the university since.

The written ultimatum by the Joint Action Committee also talk about allegation of bribery and financial irregularities against him. It also question university administration’s decision to promote him with purportedly false high Academic Performance Index (API) rankings, where in fact, he had been out of service for four years. A demand for judicial or CBI inquiry had been put forth in the document to investigate several such allegations against him and the university administration.

Citing history of his misconduct with Dalit students, the Joint Action Committee has demanded justice for the expelled Dalit students, who have been wrongly accused of assaulting him, allegedly.

Shreyat Bouddh, one of the expelled students told Sabrangindia, “We have submitted the letter to the VC. We’ll see what action they take now. So far, we haven’t received any response.”

A national students' parliament was held in the university to debate the expulsion of the Dalit Students. Rohith Vemula's mother Radhika Vemula was also present on the occasion as the chief guest.

The post Ultimatum to BBAU VC: Dalit Students to Stage Sit-in If No Response appeared first on SabrangIndia.

बाबा साहेब भीमराव अम्बेडकर केन्द्रीय विश्वविद्यालय के दलित छात्रों को गलत तरीके से निष्कासित किये जाने के विरोध में आगामी 8 अक्टूबर, 2016 को लखनऊ में ‘‘आरक्षण समर्थक राष्ट्रीय छात्र संसद‘‘ बुलायी गयी है। यह छात्र संसद देश में पहली आरक्षण समर्थक छात्र संसद होगी। जिसमें बीबीएयू प्रशासन की हठधर्मिता के खिलाफ आर-पार की लड़ाई का ऐलान होगा।

आरक्षण बचाओ संघर्ष समिति, उ.प्र. लखनऊ (ABSS) और अम्बेडकर यूनिवर्सिटी दलित स्टूडेंट्स यूनियन, बीबीएयू लखनऊ (AUDSU) ने अपने एक बयान में कहा है राष्ट्रीय छात्र संसद में बीबीएयू, हैदराबाद, जेएनयू, बीएचयू, इलाहाबाद विश्वविद्यालय, लखनऊ विश्वविद्यालय, वर्धा विश्वविद्यालय, अलीगढ़ मुस्लिम विश्वविद्यालय, टाटा इंस्टीट्यूट ऑफ सोशल स्टडीज मुम्बई सहित देश के अन्य विश्वविद्यालय के आरक्षण समर्थक छात्र भाग लेंगे।

जिस प्रकार से बीबीएयू के कुलपति महोदय द्वारा हठधर्मिता के परिचय देते हुए बीबीएयू में रोहित वेमुला जैसी घटना घटित कराने पर आमादा हैं उससे दलित छात्रों में घोर निराशा व्याप्त होना स्वाभाविक है।

बयान में यह भी कहा गया है की बीबीएयू प्रशासन दलित छात्रों के निष्कासन के मामले पर खुद कठघरे में खड़ा हो गया है। जहां विश्वविद्यालय प्रशासन द्वारा गठित 8 सदस्यीय जांच समिति ने कुलपति को अपनी रिर्पोट सौंपी और उसमें यह खुलासा किया कि सीधे तौर पर कोई भी छात्र दोषी नहीं प्रतीत हो रहा है, इसकी बाह्य एजेन्सी से जांच कराया जाना उचित होगा। ऐसे में इस रिर्पोट के आधार पर निष्कासित छात्रों को स्वतः न्याय मिल जाना चाहिए था, परन्तु कुलपति महोदय ने इस रिर्पोट को दबाकर प्रो कमल जैसवाल के दबाव में जिस प्राक्टोरियल बोर्ड ने बिना जांच किये 8 दलित छात्रों का निष्कासन किया था, उसी से पुनः जांच कराकर अब 3 छात्रों का निष्कासन वापस किया गया। सवाल यह उठता है कि 7 सितम्बर को यदि प्राक्टोरियल बोर्ड ने 8 छात्रों को दोषी पाया तो लगभग 24 दिन बाद यदि 3 छात्र दोषमुक्त हो गये तो इससे स्वतः सिद्ध हो रहा है कि प्राक्टोरियल बोर्ड स्वतः संदेह के घेरे में है।

बयान में कुछ प्रश्न भी उठाये गए हैं: सबसे बड़ा मानवीय सवाल यह उठता है कि लगभग 25 दिन से छात्र हास्टल से बाहर हैं, वह क्या खा रहे हैं, क्या पहन रहे हैं, उनकी स्थिति क्या है? किसी ने यह सब जानने की कोशिश क्यों नहीं की और इस पर कुलपति महोदय मौन क्यों हैं? और सबसे बड़ा सवाल यह है कि इन दिनों 8 दलित छात्र जो शिक्षा के अधिकार से वंचित रहे, क्या यह मानवाधिकार का उल्लंघन नहीं है?
 

The post बीबीएयू के आठ दलित छात्रों को न्याय दिलाने हेतु, 8 अक्टूबर को लखनऊ में ‘‘राष्ट्रीय छात्र संसद” appeared first on SabrangIndia.

It all started on September 7 (a Wednesday), when a group of Dalit students were waiting outside the administration building with a list of complaints regarding hostel facilities, access to libraries etc. Routine demands that students make to authorities. They were standing outside the office of the Registrar. All of a sudden, students allege, professor Kamal Jaiswal came out and started not just rebuking them but also hurled casteist abused. “ We are not here to listen to the complaints of —- (name of a particular caste), he is reported to have said. When one of the students present tried to remonstrate, he even started abusing them it is reported, threatening to destroy their academic careers. A criminal complaint (FIR) was lodged against six of the Dalit students. After several efforts that failed, the students have lodged a criminal complaint under the Atrocities Act against professor Jaiswal. This was possible only on September 23 after they approached the Director General of Police, Uttar Pradesh.

The students who have now approached even the National Commission for Scheduled Castes and Tribes (NCSCST) have a serious grudge against the Vice-Chancellor, professor, R.C. Solti who issued orders for rustication without even fairly examining the matter.

The conflict goes back several months and also involves lobbies who have been trying desperately to get the 50 per cent reservation for SCs/STs allowed in this institute of higher learning cancelled. Just a few months ago, an FIR was lodged against 19 Dalit students belonging to the Ambedkar University Dalit Students Union) which also included the eight students who have been rusticated. The FIR was withdrawn when it was found to have no substance. Allegations were of ‘anti-social activity.’

The past 36 months or so have seen a bitter struggle between students, mentally and physically tortured, it is alleged by Jaiswal. In 2015, there was a sustained agitation against him and his proctorship. There are serious and proven allegations of sexual harassment and gendered violence –upheld by a Committee headed by a retired Judge of the  –against him. For this he was removed from his post but has, since, been appointed on the Board of Management of the University. Jaiswal despite being on the appointed staff of the university has violated rules and approached the High Court for cancellation of the policy of 50 per cent reservations for Dalits students at BBAU.
Sabrangindia spoke to one of the rusticate students, Shreyat Bouddh in this interview.

What is at the root of the hostility of the administration against you and other rusticated students of BBAU?
A: The University has special university status where SC and ST have 50 per cent reservations in all courses. This has been the established policy of this university since 1994 when it was founded. This has been challenged several times by the upper caste – in the High Court in 2001, where the matter lay pending for several months, then lapsed. It was again challenged in 2004. In 2004, the Indian Parliament, the Rajya Sabha interpreted ‘adequate percentage’ for SCs and SRs as 50 per cent. Now again, professor Kamal Jaiswal—who is at the root of this aggression against Dalit students—has in the High Court, through a writ petition in 2015, through the Pichda Jan Kalyan Samiti challenged this policy. Judgement is presently pending.

Now who is this Kamal Jaiswal? He has an Atrocity Case pending against him when he had brutally beaten a Dalit boy in 2001. (Case No 280/2001 at the Ashiana Thana, Lucknow). Then on March 25, 2009 the university had suspended him for four years on cases where serious allegations of an attempt to rape were made and he was out till 2013. The Shailendra Saxena Committee on Sexual Harassment had found him guilty. Yet in 2013 the present Vice Chancellor revoked the suspension and re-instated him.

Q: What are the kind of humiliations that Dalit students have to endure?
A: It is humiliating. Money is demanded for completition of thesis. Students who are Dalit are not given fellowships/scholarships. One example is an outstanding Dalit scholar, Dr Bela who received her fellowship money severa years after completing her PHD(doctoral studies)

Q: How has the present conflict erupted?
A: Last year, on August 18, 2015 also two among the presently rusticated students were also previously acted upon again without being served a show cause notice when one boy from the general catehory complained of being beaten by Dalits. Without any inquiry, any attempt to listen to the other side, the rustication happened. This is how the administration behaves.’

Then on September 7, 2016 we had gone to complain to the hostel administration with a list of issues: not proper allotment of hostel rooms for Dalit students, discrimination in allotment rocedure against Dalits; shutting down hostel for maintenance during the academic session etc. That is when Jaiswal abused us, “I will not let ___ (Caste name) study.” There were witnesses to this casteist (racist) abuse. He tore his own shirt and then accused us of tearing it!

A false FIR was lodged against six students and four teachers (Dr Gajanand Pandey, Dr LC Mallalia, Dr Khushendra Mishra and Dr Gaurav Kaithwas for “beating” him. We have also filed an FIR that got lodged only on September 23 against him, under the Atrocities Act, after the state director general of police (DGP) intervened.

Shockingly at 9.30 p.m. the next day, September 9 without even being issued a show cause we were rusticated. Our belongings were thrown out of the hostel. One of us, a boy Sumeet Kumar suffers from Liver sirrosis was treated so badly, all his medicines and test papers were flung out.
 
Q:Who are the eight rusticated students?
A: There is Sandeep Shastri PHD Applicant (second rank)who has given his entrance examination there is Sandeep Gautam studying for B.ED and he is from Faizabad from a very deprived family. He was even rusticated earlier. Then there is, like him, Jay Singh, also a B.ED student from Jaunpur also from a very deprived family.

Ramendra Naresh is also studying in the B.EDd course from Sitapur; there is Ajay Kumar a PHD scholar in Chemistry from Jhansi; Sumeet Kumar, MSC in Forensic Sciences (he is with the acute liver problem) and hails from Muradabad. Then there is Ashwani Ranjan studying in the MSC course in Forensic Science from Mhow. Myself am Shyreyat Bouddh who got the first rank in PHD Applicant in Subaltern Studies and I am from Faizabad.

Q: How has the past one month been? What is the impact of the rustication?
A: It is humiliating and frustrating when basic norms are not followed. They are pushing us to the wall. Do they want another case of a Rohith Vemula here? Deliberately we are humiliated, given inferior facilities. It is as if we excelling in higher education is a threat.

Q:You have also mentioned that for the past three years specifically the University administration has taken a particularly vicious turn. What has changed in the past three years?
A: Ever since Jaiswal was brought back and under the current political dispensation at Delhi it appears that independent and thinking voices among Dalits are being deliberately silenced.

References:
1) Expelled students' friends launch stir
2) Expelled students find support in pro-quota body
3) AUDSU delegation meets NCSC chairman
4) BBAU officials throw out ill dalit student’s medicines
5)  Proctorial board for external probe into BBAU incident
 

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