Sunday, November 29, 2009

Abolition of caste system from Indian Political System

29th November 2009
Abolition of caste system from Indian Political System.
Two social revolutionaries viz:- (1) ‘E. V. Periyar Ramaswamy’ and (2) ‘Acharya Vinoba Bhave’ met on 18-1-1957. The reported conversation between the two is reproduced as follows:-
“Bhave :- I heard that you are fully engaged in the struggle to abolish caste system.”
“Periyar :- I have taken up the abolition of caste system as my first priority. I believe that if the caste system is abolished, people would overcome ignorance and they would lead a disciplined life.”
“Bhave :- I admit that caste system should be abolished. But, I cannot endorse your acts of breaking the idols of our Gods and burning of our Epics.”
“Periyar :- The Gods and Epics are the root causes of the caste system. That is why I am targeting them. If we get rid of the Gods and Epics, then the caste system that they created will automatically disappear.”
“Bhave :- There are good things and bad things in Epics. We have to take the good things and leave out the bad ones.”
“Periyar :- How many people can do that ? If you mix poison and sugar and give it, how many people can eat the sugar alone ?”
Joseph Nadar.
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Tuesday, November 10, 2009

Equitable distribution versus equalitarian distribution

10th November 2009

Equitable Distribution versus the Equalitarian Distribution of the Country’s Wealth and Economic Resources amongst India’s Citizens as enshrined in its Constitution.

1. According to Anthropological Survey of India, before independence of the country, India had 4,635 Communities consisting of 2,795 main Communities; 586 segments located in 91 Eco-cultural Zones distributed throughout. There were / are 12,142 Surnames (mostly derived from Occupations), 8650 Gotras, 1,820 Lineages, 2,994 Titles like Acharyas, Choudharys, Naiks, Patils. Diversity spans both Time and Space; each dimension posing problem for National Integration. Localism, Regionalism, Sub-Nationalism, all challenge Large Nationalism. India is a country of enormous Contrasts. Such contradictions and disparities often breed tension in independent India.

2. In 1831, Dr. Raja Ram Mohan Roy, an Ambassador of the Mughal Empire to Great Briton, for the first time, emphasized the need not just to accept and tolerate diversity but to celebrate “Diversity”.

3. As per the 1931 Census, the percentage distribution of Indian population
was as under :-

Scheduled Castes : 15.05 %
Scheduled Tribes : 7.51%
Muslims : 11.19%
Christians : 2.16%
Sikhs : 1.67%
Buddhists : 0.67%
Jains : 0.47%

4. Other Backward Class Members in Religious Minorities like Muslims,
Christians Sikhs, Buddhists and Jains are 8.4% and Other Backward Class Members in Hindus are 43.70% totaling to 52.10% in all. As per Mandal Commission Report, the Other Backward Class population based on the 1931 Census is 52%. As against this, the Supreme Court of India has allowed only 27% Reservation for the 52% OBC population in the case of Indira Sawhany v/s. Union of India, reported in AIR 1993 S. C. 477 in the field of admission in IIMS, IITS and other centrally funded Educational Institutions and appointments or posts under the State whereas for the full 22.5% population of S. C. and S.T., full reservation is continued. It was held in the said case that the argument for Reservation in favour of all Backward Classes population in India which is more than 50% should be more than 50% to be untenable as Article 16(4) speaks for adequate representation and not proportionate representation. More over, Reservation is a transitory measure.

5. Even the aforesaid 27% reservation for Other Backward Class students is not fully implemented in letter and spirit. So people with 80% to 85% marks are often denied admission for no fault of theirs.

6. Reservation benefit is given to socially and educationally backward classes of people only and not to socially, educationally and Economically Backward Classes of people. As a result, Creamy Layer in Other Backward Class population normally is lapping up with all the benefits of Reservation without allowing the benefit to reach the truly backward member of OBC even-though in February 2004, gross income of Rs.2.5 Lakhs was fixed for excluding the Creamy Layer from OBC Quota of 27%.

7. Even-though, the country has been ruled by the Congress and other Parties for the last about 62 years on the basis of caste system, after the 1931 Census, caste data is reportedly not collected for non-Scheduled Castes and Non-Scheduled Tribes groups in the subsequently held Censuses.
8. According to Statistics, during the period between 1971 and 2001, there was a decline of 2.3% population in the Christian Community in India. Christians in India today account for about 2.36 % out of about 1.2 billion population. These statistical figures may not be quite correct on actual analysis.

9. According to National Sample Survey of India, widespread poverty and backwardness persist in Christian Community in India. About 30% of Christians live below poverty line (BPL) with a monthly per capita expenditure of less than Rs.358/- (i.e. an average of Rs.20/- per day). It is rightly said that “SPIRITUAL FOOD ALONE WITHOUT MATERIAL COMFORT IS MEANINGLESS”. The reason being that the Christians are lagging behind in the political processes of the country as compared to the various other communities. Christians often land in and satisfy themselves with menial jobs. They also do not cry for their constitutional and legal rights as others do.

10. Article 14 of the Constitution speaks of equality of law and equal protection of law.

11. Articles 15(1) states that State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, and place of birth or any of them.

12. Articles 15(4) and 29(2) permit the State to make special provision for advancement of any socially and educationally backward classes of citizens or for S. C. and S. T.

13. Articles 16(1) states that there shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State.

14. Articles 16(4) provides for Reservation for appointment or posts in favour of any Backward class of citizen which is not adequately represented in the services under the State.

15. For the Law of the land should be same for all or for equal protection as per Article 14, 60 years’ old Article 15(4) of the Constitution is necessarily required to be amended to include the words “Economically Backward Classes of Citizens” in the Article 15(4). In other words, Article 15(4) should read as under :-

“Nothing in this Article or in clause (2) of Article 29 shall prevent the State from making adequate provision for the advancement of any socially, educationally and economically backward classes of citizen, without depriving the other classes of citizen’s equality of opportunity”.

16. In conclusion, the above suggested amendment to the Indian Constitution and its proper implementation will certainly reverse the trend of the so-called Equitable Distribution versus the Equalitarian Distribution of the Country’s Wealth and Economic Resources amongst India’s Citizens as enshrined in the Constitution.
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