I think of a democratic and progressive India, where rights of every citizen are respected and ensured.
Thursday, April 12, 2012
No private school is outside the ambit of Right to Education Act
Monday, February 8, 2010
Can there be a positive discrimination on the basis of religion- "No" says AP High Court
This is the third time that the AP High Court has successfully upheld the Constitution of India, which our political class want to derail just to please their votebank. Such a move could have disastrous repercussions if such policy of pleasing the vote banks based on religion is allowed in a secular country like India.
The imagination itself is so disastrous to the secular fabric of the country. Tomorrow, it will be turn of other minorities to claim their share of reservation based on the percentage of number of citizen following a certain religion. This might lead to a a total failure of the family planning programmes in India because if that be so, each religion would try to outgrow the other religion to get their larger share!!
And what would happen to the "Right to Equality" that is the hallmark of our Consititution? Positive discriminations was permitted on the socio-economic status of certain categories of citizens to provide a level playing field to them to realise substantial equality, however only for a certain number of years. But the political class has continued this formula to please their constituencies, in fact even to the extent of promoting enmity and struggles in the citizenry to be included in the backward classes to avail reservation status (recent Gurjar agitation is a point). In 2009 we saw another amendment to Constitution of India by Indian Parliament to further extend the reservation for SC/ST by 10 years and I think the very basis of such continued reservations indicate two things:
- That the benefit of reservations have not reached the real needy due to lack of proper implementation, thus the divide between the poor and the rich continues to grow.
- And that this has outlived its utility and is becoming a tool of social divide and unrest hence should be stopped herewith.
I think the answer doesn't lie in reservation any more. The crutches of reservation will not allow the real empowerment of people. Also the policy has failed to achieve its desired goals despite being continued for more than 60 years now (while originally it was meant only for 10-20 years!), is the testimony to the strength in the argument being proposed.
It is the equal opportunity to right to food and nutrition, free & high quality education, health infrastructure and avenues of employment across the nation without any discrimination on basis of region, religion, gender or any other diversity is going to empower citizenry. Enabling environment is the answer, empowerment is the answer!
Here is the coverage on the Full Bench High Court Decision on the subject.
Subhash
Andhra High Court quashes quota for Muslims
The court ruled that reservation cannot be provided on the basis of religion
Published on 02/08/2010 - 12:29:33 PM
Hyderabad: The Andhra Pradesh High Court on Monday quashed a legislation providing four per cent reservation to Muslims in education and jobs, terming it unconstitutional. The state government has decided to challenge the verdict in the Supreme Court.
Delivering the much-awaited judgment, the seven-member constitutional bench headed by Chief Justice AR Dave ruled that reservation cannot be provided on the basis of religion, reports IANS.
It was a majority judgment. Five judges, including Dave, opposed the reservation while two differed with their opinion.
The court verdict has come as a big blow to the Congress government, which had brought the legislation in 2007 providing four per cent reservation to certain backward groups among Muslims.
Some individuals and organisations had challenged the Act, contending that the reservations were unconstitutional. This is the third time since 2004 that the High Court has quashed quota for Muslims.
Ramakrishna Reddy, Counsel of one of the petitioners, told reporters that the court upheld their argument that the survey conducted by the state backward classes commission to identify backward groups among Muslims was not scientific.
The bench observed that the survey on the socio-economic conditions of Muslims was conducted only in six districts and that the backward classes commission relied only on the report of the Krishnan Commission appointed by the government.
Immediately after the High Court verdict, the government decided to file an appeal in the Supreme Court. Chief Minister K Rosaiah directed the state Advocate General to file a Special Leave Petition (SLP) in the Supreme Court.
In 2004, then Chief Minister YS Rajasekhara Reddy had provided five per cent reservation to Muslims but the High Court had quashed the order.
On the court's advice, the government reconstituted the backward classes commission. Based on its recommendations, the government issued an ordinance in 2005 and subsequently the Assembly passed the legislation for five per cent reservation.
But the High Court set aside the legislation saying that its would exceed the 50 per cent total reservation limit set by the Supreme Court.
In an attempt to keep the reservations within the 50 per cent limit, the government issued an order in 2007 providing four per cent quota in government jobs and educational institutions for 15 socially and educationally backward classes among Muslims.
The government brought an ordinance, which was later replaced by a legislation passed by the Assembly.
The four per cent quota was also challenged in the High Court. The petitioners argued that the government identified backward classes without gathering scientific data.
The High Court, in its interim order, permitted admissions made under the quota. This was challenged in the Supreme Court. The apex court stayed the implementation of the order but left it to the High Court to dispose off the batch of writ petitions.
Saturday, December 19, 2009
Right to Education Act and Children with Disabilities
We have to understand that education of children with disability is a fundamental right of the children which the Government is bound to provide for in terms of systems, infrastructure and finance. Thus there is no point in NGOs seeking grants which are often very subjective and do not cover even the 50% of the expenses if rightfully done. I had taken up few cases for NGOs where the workers of the NGOs went against their employers in the Labour Courts seeking minimum wages and what I learnt from NGOs was that the grant that comes for a helper is merely 2000 Rupees which is far less than the minimum wage of an unskilled worker in Delhi. The matters are pending in High Court where Grant making Ministries have been impleaded as necessary parties for proper adjudication of the case! And I am well aware what is going to be the outcome of such petition!
Another worrying issue that we should be concerned with too is the second amendment which HRD ministry is contemplating to bring in RTE Act to satisfy the powerful lobby of minority institutions who do not want to be governed by State Laws at the same time want to continue receiving grants/aids from the Government. These schools if exempted from constituting School Management Committees (which is a powerful tool to increase citizen's participation in the school management and check misuse of public funds) they could do what they like without any external check including refusal to take in children with disabilities. The move should be resisted by one and all to ensure participation of civil society and stakeholders in the process of education and maintain transparency in the delivery of quality education to all including children with disabilities.
Wednesday, July 22, 2009
Recognise "sexual orientation" as a source of discrimination-asks NLS
The high court of Delhi may have decriminalised the sex between two consenting adults of same sexes and Supreme Court of the nation also may have indicated that it is in favour of the High Court's well reasoned order, the social taboos, moral brigade & attitudes in general continue to discriminate against those with different sexual orientations than the majority.
Same is the case with people with HIV status, those cured of leprosy. Social attitudes are often difficult to change. Continuous education and acceptance by the young brigade is the only solution. We see that people with different sexual orientation face discrimination at workplace too though their orientation may not be relevant to their work or productivity!
Therefore, now the National Law School has asked the Centre to recognise "sexual orientation" as a source of discrimination against which there should be statutory protection. Our constitution and central laws already provide that there could be no discrimination on the grounds of religion, sex, caste, language, disability, descent, place of birth, residence and race among others. The Persons with Disabilities Act already covers such a protection that there could be no discrimination on the grounds of disability in any matter - be it education, employement, housing or otherwise.
Besides Sexual orientation, the EOC is also looking at adding pregnancy, gender identity, occupation, skin colour, political opinion and age also the grounds of discrimination!
I hope such a move in form of an enactment will give strength to the equality among all citizens of this country including those with diversities, though a large section of our political class and soceity is still divided ! Can we let the life prevail?
regards
SC Vashishth
Here is the news from Time of India, To read from source- Click here
NEW DELHI: The move towards legitimising "gay rights" seems to be getting stronger by the day.
After the Delhi High Court order decriminalising homosexuality, the National Law School has asked the Centre to recognise "sexual orientation" as a source of discrimination against which there should be statutory protection.
The law school wants the Centre to put "sexual orientation" in the list of `grounds of discrimination' requiring safeguard in the Equal Opportunities Commission. S Japhet, director of Centre for the Study of Social Exclusion and Inclusive Policy in the Bangalore school, told TOI, "There have been studies to show that sexual orientation of gays leads to discrimination in employment."
The proposed EOC is an ambitious move to redress the discrimination against social groups in employment, education and housing. These three domains are most plagued by prejudices, be it based on religion, caste or race. It is to be seen if the Centre obliges the law school by moving on its request. An explicit step to bar discrimination on a person's "sexual orientation" will be a big step in legitimising gay rights. The EOC, in the nascent stage of evolution, is likely to be empowered to take a complaint from a group to question the private and public enterprises in question. It would mean that any move to keep gays out of a workplace or a housing colony or an educational institution would invite the intervention of the`discrimination watchdog'.
The N R Madhava Menon committee, which drew up the details of EOC, shortlisted grounds on which discrimination should be prohibited. It includes prejudices based on religion, sex, caste, language, disability, descent, place of birth, residence and race among others. While the committee has said that the list could be kept open to accommodate more grounds in future, the law school has asked minority affairs ministry to include "sexual orientation, pregnancy, gender identity, occupation, skin colour, political opinion and age" in the purview of EOC. Besides `sexual orientation', the law school has also asked the Centre to list a bar on certain "food preferences" as a form of discrimination. It said, "Discrimination based on food preference, when it has a disproportionate impact on a deprived group, should be expressly provided as an instance of indirect discrimination." Sources said the demand from the reknowned institution will test the Centre on branding these contentious issues as forms of discrimination given the divided political opinion. Its acceptance would be tantamount to forcing organisations against "gays" into accepting them.
Friday, July 17, 2009
You might be tried under Criminal Law if you call a disabled person on his disability!
The 21st report submitted by D N Chowdry, chairman of the Commission, recommended that insult on physical disability should be considered as an offence and there should be a provision of punishment.
The State government in April 2009 had asked the Commission to make recommendations regarding handicapped act and accordingly a 26-page report was submitted. Chowdry in the report recommends that calling a handicapped person on physical disability, speaking to them with disrespect, insulting on physical disability or abusing on disability as an offence and there should be a provision of punishment,.
Chowdry further said, “It was necessary to recommend that a handicapped person should be treated respectfully in the society. There is no such provision in the prevailing Central Act.”
Thursday, July 16, 2009
Leading International Disability Organisation portrays India without J&K!
I am shocked to see the attitude of a leading UK based deveopmental organisation called ADD having its branch office in India. I happened to visit its website and I couldn't believe what I saw. It shows an Indian Map minus its head i.e. J&K.
Is this justified by any means ? Should an organisation of such a stature stoop so low? Doesn't this hit us so harshly at our hearts? Can an Indian tolerate this?
May be whole sector need to react. Its on us. What do we want - our integrity and sovereignity or charity cum developmental work at its cost from an offshore organisation. I can not believe that is by mistake. It is purposeful and needs to be rejected and refused. We do not want such organisations to function in India if they do not agree to the stand taken by we the people of Republic of India and its elected Government.
Need your support! I wrote the following mail to its new Director Mr. Sebastian.
To
Dr. Sebastian
Director- ADD
4005, 19th Cross,
Banashankari II Stage Extn,
Bangalore 560 070, India
Dear Mr. Sebastian,
This refers to our telephonic discussion a while ago on the subject.
As I said I am deeply pained that an international developmental organisation of this stature especially working in India has such flaws on its website http://www.add.org.uk/India.asp which no Indian would tolerate.
I strongly object to portrayal of Indian Map in its present form i.e. without J&K. This relates to the integrity and sovereignity of the nation.
I appreciate that you have joined recently and would take time to understand the official work related to the important post that you fill but this matter must be immediately dealt with before it blows up in ugly proportion!
My good wishes to you on joining this august organisation as its Director and hope we have a continuous dialogue on many common areas in disability sector.
Warm regards
Subhash Chandra Vashishth
Advocate-Disability Rights,
New Delhi, India
Mobile: +91 (11)