01.11.2023.UNTOUCHABLES OF INDIA TODAY.By.IDTNS.Sivaji.GS.Dr Ambedkar Ambulance oAssociation.Chennai.26.
Janakikkad Dalit girl gang rape: Three out of four accused sentenced to life
Kozhikode: A POCSO court on Tuesday sentenced three of the four accused to life in the gang rape of a minor Dalit girl in Janakikkad two years ago. The fourth accused received a jail term of 30 years.
Nadapuram Fast track POCSO Court judge M Shuhaib found three accused — Thekkeparambath Sayooj, Moolothathara Thammanjimmal Rahul and Aakkal Akshay — guilty of the offence of atrocities against the 17-year-old Dalit girl under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
The incident came to light when the minor tried to die by suicide in the Kuttiady River. While giving her statement to police, the survivor revealed another incident of rape she was subjected to at a relative’s house in 2019. Two accused were arrested in that case.
Nadapuram ASP Nidhinraj presented the chargesheet. A total of 30 witnesses were examined during the trial.
Courtesy : Onmanorama
- News no 2.
Dalit man entering garba venue faces attack in Gujarat; repeated atrocities on their community, says victim’s uncle
Ahmedabad: A 20-year-old Dalit man named Jitendra Parmar has filed a complaint with the Kheda town police in Ahmedabad, alleging that members of the Thakur community in his village attacked him and his community members because he entered a garba venue. Jitendra had taken his 11-year-old cousin to the garba venue, which allegedly sparked the assault.
Caste-based slurs and physical assault on Dalit
Jitendra, who works for a pharmaceutical company in Kheda, stated in his complaint that he had gone to the garba at Mahakali Chowk in the village on October 24. According to him, around 1.30am on October 25, he was doing garba alone when members of the Thakur community came to him and began verbally abusing and harassing him, Times of India (TOI) reported. They subjected him to caste-based slurs and physically assaulted him for entering the venue.
He also mentioned that when two members of his community tried to rescue him, they were also assaulted by the accused. One of the attackers even threatened to kill Jitendra if he was seen at a garba again, he was quoted as saying by TOI. Jitendra’s uncle, Rajendra Parmar, added that his 11-year-old daughter was also subjected to caste-based slurs.
Repeated atrocities on lower castes
Rajendra further revealed that this incident is not the first time their community has suffered such atrocities. He recalled an incident in 2018 when a Dalit boy was attacked for having a meal with boys from other communities during a marriage event. He explained that Dalits are not allowed to attend social or religious events in the village.
Police registered case against accused
Meanwhile, the Kheda police have registered a case against the accused for unlawful assembly, causing hurt, criminal intimidation under the Indian Penal Code, and charges under the SC/ST (Prevention of Atrocities) Act. It is worth noting that Kheda accounted for more than half of the 129 villages in 12 districts that were given police protection in 2022 after offences under the Atrocities Act, according to an RTI application filed by activist Kaushik Parmar.
Courtesy : News9 live
- News no 3
- STATE UTTAR PRADESH
Uttar Pradesh: Dalit girl gang-raped
POSTED ON NOVEMBER 1, 2023
A girl belonging to the Dalit community was gang-raped by three people from her own town. Police said on Tuesday that the incident took place in Uttar Pradesh’s Shahjahanpur district and the rape was committed near the victim’s house.
The incident took place within the jurisdiction of Jalalabad Police Station, a 16-year-old girl who was working in a field near her home was forcibly taken to another field and raped. Hearing the screams of the girl, the locals rushed to the spot. At this time, those who did not commit the crime escaped.
A case has been registered in connection with the incident and those involved in the case have been arrested and are being interrogated. The police said that the girl has been medically examined.
Courtesy : Prajavani
News no 4.
STATE
Somnath Waghmare’s Chaityabhumi shows celebration is inseparable from anti-caste struggle
In an iconic neighbourhood of Mumbai, lies a memorial where each year on December 6 — the date of Dr BR Ambedkar’s death anniversary — millions of Dalits gather to pay respects. Director Somnath Waghmare’s new documentary Chaityabhumi, named after this historic site, tracks the events that take place on the date, now observed as Mahaparinav Divas.
The film opens to a song by Rahul Telgote, that is both a dirge and a call to revolution. ‘Ambedkar’s people are scattered, so he must be reborn’, the song asks. It is a song that encapsulates the significance of the Chaityabhoomi as a place of coming together and assertion. But it is also a reminder that Ambedkar’s dream of a caste-liberated society still eludes us. The film tries to present the culture, Buddhist ties, and larger anti-caste history that the Chaityabhoomi is representative of.
For example, scholar and president of the All India Independent Scheduled Caste Association Rahul Sonpimple draws attention in the film to another site of equal significance, the Deekshabhoomi in Nagpur where Ambedkar and nearly half a million Dalits accepted Buddhism. As a person from Nagpur himself, Rahul highlights how, “from one’s birth to death ceremonies, one finds Ambedkar and the Buddha.” In that sense, Chaityabhumi is also a reminder that anti-caste ‘rituals’, whether it is gathering at Dadar or Nagpur annually, birth celebrations, or death rites, are acts of defiance in varying scales and a means to liberation.
Perhaps this is why the director takes care to include a live rendition of a song proclaiming that history was by only “two kings on this Konkan land”—Shivaji, when he was crowned at Raigad Fort and the other when Ambedkar led the Mahar Satyagraha for Dalits to access public water, at the Chavdar Lake in 1927. To Dalits and others in the anti-caste movement, Shivaji represents a king who came neither from a Brahmin nor Kshatriya lineage and whose egalitarian rule opposed caste hierarchies. He has grown to become an icon of the movement in that respect. Simultaneously, the right wing, and the Shiv Sena in particular, have used him to mobilise Marathi (and dominant caste) pride. Further, the right wing projects him as a Hindu king.
It feels impossible not to think of the director’s choice to centre music without the context of how such celebrations are viewed by dominant castes. Come Ambedkar Jayanthi on April 14 every year, the litany of complaints and demands for regulating the ‘noise and nuisance’ begin. But, as Somnath himself pointed out recently to Mooknayak, the city has no trouble adjusting to the pomp of Ganesh Chathurthi festivities.
We hear the echoes of this argument in defense of anti-caste celebrations in the musical play by Dhammarakshit Randive & Team. Somnath’s camera takes us up close into this performance as a singer asks “Why are you driving the people who come to the Chaityabhoomi crazy … especially the drums all day.” The answer, his co-performer gives, in a nutshell, is: “To wake people up”.
Further, it is also in Rahul’s explanation in the film that we’re asked to think of how the liberal/Left elite too do not want Ambedkar in the public memory. So while Chatiyabhumi is named for that groundbreaking site, it also feels like a declaration that Ambedkar has always existed in the public spaces and memories of the caste-oppressed.
The film is bankrolled by director Pa Ranjith’s Neelam Productions.
Courtesy : The news minute
News no 5.
MANUAL SCAVENGING NATIONAL NEWS
Manual Scavenging: Eradicate the practice, ensure effective rehabilitation, scholarship, compensation, uphold dignity and liberty says SC
Supreme Court bench issues detailed directions to the Union and state government to implement the provisions of Manual Scavengers and their Rehabilitation Act, 2013, conduct necessary surveys, co-ordinate with Commissions
TANYA ARORA
“Ours is a battle not for wealth of power. It is a battle for freedom. It is a battle for
reclamation of human personality”
– words of Dr. B. R. Ambedkar,
(quoted by Justice Ravindra Bhat)
On October 20, a division bench of the Supreme Court issued a slew of directions for the Centre and the states to follow with the aim of eradicating manual scavenging from Indian society. The bench comprising of Justices S Ravindra Bhat (now retired) and Aravind Kumar has emphasised on the importance of implementing the provisions of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013. The comprehensive set of fourteen directives issued by the Supreme Court are aimed at eradicating the practice of manual scavenging across the nation as well as establishing robust rehabilitation measures for victims and their families. A pivotal aspect of these directives revolves around significantly raising compensation for injuries or fatalities endured by manual scavengers.
In the judgment, authored by former Justice Ravindra Bhat, the Supreme Court has shed light upon the plight of the large mass of people indulging in the practice of manual scavenging, which continued even after India became an Independent state, and who have remained nearly invisible. “That was (a) centuries old stigmatising social practices that led to their depravation, to such levels that they were not even recognised as human beings. Among these practices was one which generations of people, were made to perform the meanest task of manual scavenging,” the judgment states.
What were the prayers made in the petition filed?
The division bench of the Supreme Court was hearing a Public Interest Litigation (PIL), filed by Balram Singh under Article 32 of the Constitution, against the employment of manual scavengers. The petition had sought for the Supreme Court to issue directions to the Union of India as well as all the States and Union Territories in India to implement provisions of the Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993 and the Prohibition of Employment as Manual Scavengers and Their Rehabilitation Act, 2013.
The hearings:
In February 2023, the Court had directed the Union of India to record the steps it had taken to prevent the employment of manual scavengers in accordance with the prohibition of employment as Manual Scavengers and Their Rehabilitation Act 2013. The court also ordered the Centre to record the steps taken by each state to abolish or demolish Dry Latrines, as well as the status of dry latrines and Safai Karamcharis in Cantonment Boards and Railways. During the previous hearing, the Court had further inquired whether the employment of Safai Karamcharis in Railways and Cantonments Boards were direct or indirect i.e. through contractors or otherwise.
During the previous hearing, the court asked the Centre to inform it of the steps taken in accordance with the guidelines issued in the 2014 judgment “Safai Karamchari Andolan And Others vs. Union of India And Others.” In the aforementioned Safai Karamchari Andolan judgment, the Court issued an assortment of guidelines for the rehabilitation of manual scavengers, including cash assistance, scholarship for their children, allotment of residential plots, training in livelihood skill and monthly stipends, concessional loans, and so on. The judgment also established the minimum compensation in cases of sewer deaths and directed the railways to end manual scavenging on tracks.
The Bench had then asked ASG (assistant solicitor general), Aishwarya Bhati regarding the measures that could be taken for states that had not formed the committees as directed by the Court. The Court also asked the Indian Railways to file a specific affidavit dealing with these aspects, and directed ASG Aishwarya Bhati to take instructions from the Railways.
During the course of proceedings, on May 2, 2023, it was brought to notice of the court about irregular functioning of the Central Monitoring Committee envisaged under the Act of 2013.
Submissions made by Amicus Curiae in the case:
The Supreme Court had appointed advocate K Parmeshwar as the Amicus Curiae in the case. As per the Amicus, Article 15, 17, 23 and 24 of the Indian Constitution gave the right to the oppressed classes to break away from oppressive structures and move to alternative sources of dignified employment. Based upon these aforementioned rights guaranteed, the 2013 Act can be deemed to attain a constitutional status. During the course of the proceedings, the Amicus had brought the following issues to the notice of the court:
Lack of government figures on manual scavengers in the country, rendering it difficult to conduct any exercise on identifying and rehabilitating manual scavengers. The amicus also pointed to the data provided by National Commission for Safai Karamcharis (NCSK) that has flagged the issue of slow and erratic identification of manual scavengers.
On the aspect of sewer deaths, the Amicus highlighted the definitions of ‘hazardous cleaning’ under Section 2(d) of the 2013 Act as well as the definitions of ‘sewer’ and ‘septic tank’ under Sections 2(p) and 2(q). He stated that though the Act prohibits hazardous cleaning under Section 7 and 9, no specific bar is made to the manual cleaning of sewers and septic tanks as long as protective gear is given.
The Amicus also argued that there is a legislative vacuum in so far as rehabilitation for hazardous workers is concerned. The sole rehabilitation, according to him, is by virtue of the judgment of this Court in Safai Karamchari Andolan (supra) where this Court granted compensation of Rs. 10 lakhs to the family of a person who died in a sewer.
As per the Amicus, a narrow interpretation of ‘forced labour’ should not be taken as this would fail to address structural discrimination and would also render the phrase “other similar forms of forced labour” otiose.
It was further submitted by the Amicus that “consent” given by the worker to perform hazardous cleaning would not mean that labour is not forced. The Amicus Curiae argued that if it is accepted by the Court that hazardous cleaning is violative of Article 23, then the question of persons engaged in sewage cleaning having practiced it on their own volition does not arise.
It was further urged that the protective gear and devices referred to must be of such nature that they achieve substantial or near total mechanization of the process so that the dignity of the labourer is maintained and no structural discrimination is perpetuated.
Regarding NCSK’s working, the Amicus also pointed out that the Commission is only manned by 2 people currently, when it should have 7 commission members. Subsequently, the State commission for Safai Karamcharis existed in only few states.
Additionally, the amicus curiae highlighted a lack of segregated data for women manual scavengers, while most of the manual scavenging work is done by women.
Analysis by the Supreme Court:
The Bench held that the 2013 Act not only criminalises manual scavenging but also provides for rehabilitation mechanisms to ensure that manual scavengers are emancipated. The first step towards rehabilitation that the 2013 Act, is the identification of manual scavengers through a survey. After their identification by a survey, a final publication of the manual scavengers is to be published under Section 11(6). On publication of the list, the emancipatory provision under Section 11(7) read with Section 6(2) takes effect. It declares that the manual scavengers stand discharged from any obligation to work as manual scavengers. This provision is the heart of the law, this declaration frees manual scavengers from the clutches of their historically oppressive professions. The law consequently empowers them through the process of rehabilitation. Therefore, the 2013 Act, including the provisions, must be interpreted as being in furtherance of fraternity, assuring the dignity of the individual.
Concerning the Government’s contention that the 2013 Act does not contemplate a national survey but mandates a localised survey at the level of local bodies and that two national surveys have already been conducted in 2013 and 2018, the Court after interpreting Section 11, said that the 2013 Act is not a regular statute, it is emancipatory in character and is a manifestation of the constitutional code of upliftment. Furthermore, the Court said that that neither the 2013 nor the 2018 surveys could have been conducted as prescribed under the scheme of the 2013 Rules and the 2013 Act because the institutions entrusted with duties to conduct the Surveys were either not constituted or were not functioning.
Additionally, the Court pointed out that the major short-coming in the implementation of the 2013 Act is that the State and the Central Governments have not even constituted the institutions that are required to implement the Act. This systematic neglect of the statute and inaction by the executive would reduce it to a dead letter.
Directions issued by the Supreme Court:
The court analysed the submissions made by the petitioners and the respondents during the hearings as well as the issues highlighted by the Amicus Curiae and issued a series of directives to both the Union and state governments. The said directions focussed on the effective implementation of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act of 2013. They also encompassed active measures for rehabilitating victims and their families, providing scholarships, and offering skill development programs.
Complete eradication of manual scavenging: The Court directed the Union to take appropriate measures and frame policies, and issue directions, to all statutory bodies, including corporations, railways, cantonments, as well as agencies under its control, to ensure that manual sewer cleaning is completely eradicated in a phased manner, and also issue such guidelines and directions as are essential, that any sewer cleaning work outsourced, or required to be discharged, by or through contractors or agencies, do not require individuals to enter sewers, for any purpose whatsoever;
Ensure that directions issued for eradication are followed by states: All States and Union Territories are likewise, directed to ensure that all departments, agencies, corporations and other agencies (by whatever name called) ensure that guidelines and directions framed by the Union are embodied in their own guidelines and directions; the states are specifically directed to ensure that such directions are applicable to all municipalities, and local bodies functioning within their territories;
Rehabilitation to include employment, education and skills training: The Union, State and Union Territories are directed to ensure that full rehabilitation (including employment to the next of kin, education to the wards, and skill training) measures are taken in respect of sewage workers, and those who die;
Compensation of Rs. 30 lakhs to be paid in case of sewer death: The court hereby directs the Union and the States to ensure that the compensation for sewer deaths is increased (given that the previous amount fixed, i.e., 10 lakhs) was made applicable from 1993. The current equivalent of that amount is Rs. 30 lakhs. This shall be the amount to be paid, by the concerned agency, i.e., the Union, the Union Territory or the State as the case may be. In other words, compensation for sewer deaths shall be 30 lakhs. In the event, dependents of any victim have not been paid such amount, the above amount shall be payable to them. Furthermore, this shall be the amount to be hereafter paid, as compensation.
Compensation in case of disability caused: Likewise, in the case of sewer victims suffering disabilities, depending upon the severity of disabilities, compensation shall be disbursed. However, the minimum compensation shall not be less than 10 lakhs. If the disability is ₹ permanent, and renders the victim economically helpless, the compensation shall not be less than 20 lakhs.
Mechanism for accountability: The appropriate government (i.e., the Union, State or Union Territories) shall devise a suitable mechanism to ensure accountability, especially wherever sewer deaths occur in the course of contractual or “outsourced” work. This accountability shall be in the form of cancellation of contract, forthwith, and imposition of monetary liability, aimed at deterring the practice.
Establish a model contract: The Union shall devise a model contract, to be used wherever contracts are to be awarded, by it or its agencies and corporations, in the concerned enactment, such as the Contract Labour (Prohibition and Regulation Act), 1970, or any other law, which mandates the standards – in conformity with the 2013 Act, and rules, are strictly followed, and in the event of any mishap, the agency would lose its contract, and possibly blacklisting. This model shall also be used by all States and Union Territories.
Modalities for conducting a national survey: The NCSK, NCSC (National Commission for Schedule Caste), NCST (National Commission for Schedule Tribes) and the Secretary, Union Ministry of Social Justice and Empowerment, shall, within 3 months from today, draw modalities for the conduct of a National Survey. The survey shall be ideally conducted and completed in the next one year.
Education and training of committees: To ensure that the survey does not suffer the same fate as the previous ones, appropriate models shall be prepared to educate and train all concerned committees.
Scholarships for dependents of sewer victims: The Union, State and Union Territories are hereby required to set up scholarships to ensure that the dependents of sewer victims, (who have died, or might have suffered disabilities) are given meaningful education.
Involvement of NALSA: The National Legal Services Authority (NALSA) shall also be part of the consultations, toward framing the aforesaid policies. It shall also be involved, in co-ordination with state and district legal services committees, for the planning and implementation of the survey. Furthermore, the NALSA shall frame appropriate models (in the light of its experience in relation to other models for disbursement of compensation to victims of crime) for easy disbursement of compensation.
Coordination between commissions, states and union: The Union, State and Union Territories are hereby directed to ensure coordination with all the commissions (NCSK, NCSC, NCST) for setting up of state level, district level committees and commissions, in a time bound manner. Furthermore, constant monitoring of the existence of vacancies and their filling up shall take place.
Training and education modules for agencies: NCSK, NCSC, NCST and the Union government are required to coordinate and prepare training and education modules, for information and use by district and state level agencies, under the 2013 Act.
A portal with information on victims, compensation states and rehabilitation measures: A portal and a dashboard, containing all relevant information, including the information relating to sewer deaths, and victims, and the status of compensation disbursement, as well as rehabilitation measures taken, and existing and available rehabilitation policies shall be developed and launched at an early date.
Through the judgment, the Supreme Court realised the role that caste-based discrimination and social hierarchies play, and thus, have urged the Union, states and respective commission to works towards the complete eradication of manual scavenging. The judgment highlights how manual scavenging is compounded by deeply entrenched feudal and caste-based traditions, which largely lead manual scavengers to hail from marginalized caste groups relegated to the lowest rungs of the social hierarchy. These individuals are assigned occupations deemed deplorable by higher-caste groups, perpetuating social stigma, branding them as “unclean” or “untouchable,” and sustaining pervasive discrimination. Even after the Constitution prohibiting untouchability and discrimination based on caste, manual scavenging has still persisted.
Towards the end of the judgment, Justice Bhat deems it to be the duty of all citizens to realise true fraternity and the fundamental role that dignity and fraternity play in the Constitution. By issuing the aforementioned directions, the court has recognised that without these values, other liberties are mere illusions.
“Each of us owe it to this large segment of our population, who have remained unseen, unheard and muted, in bondage, systematically trapped in inhumane conditions,” Justice Bhat wrote in the judgment.
Justice Bhat called upon the citizens of the country to work towards dispelling the darkness that has plagued generations and to ensure that everyone can enjoy the freedoms and various forms of justice that are often taken for granted.
“Upon all of us citizens lie, the duty of realizing true fraternity, which is at the root of these injunctions. Not without reason does our Constitution place great emphasis on the value of dignity and fraternity, for without these two all other liberties are chimera, a promise of unreality,” the judgment stated
The hearing for monitoring progress in this matter has been scheduled for February 1, 2024.
The complete judgment can be read here:
Courtesy : Sabrang India
News no 6.
Telangana CM KCR Accuses Modi Government Of 'Mad' Privatisation Policy
Telangana CM KCR Accuses Modi Government Of 'Mad' Privatisation Policy.
Speaking at a poll rally in Sattupalli, Chief Minister Rao also said he designed the Dalit Bandhu scheme for Telangana after seeing the plight of Dalits including attacks on them in North Indian states like Uttar Pradesh and Madhya Pradesh and also in PM Modi's home state Gujarat.
Updated: 01 Nov 2023 5:20 Pm
The Prime Minister Narendra Modi-led NDA government has a "mad" policy of selling or privatising PSUs, including LIC, BRS chief K Chandrasekhar Rao alleged on Wednesday.
Speaking at a poll rally in Sattupalli, Chief Minister Rao also said he designed the Dalit Bandhu scheme for Telangana after seeing the plight of Dalits including attacks on them in North Indian states like Uttar Pradesh and Madhya Pradesh and also in PM Modi's home state Gujarat.
Exuding confidence that the BRS is going to win the November 30 Assembly polls, "come what may" Rao, also known as KCR, said if the Congress is voted to power, they will abolish welfare schemes.
Taking a swipe at AICC former president Rahul Gandhi, the Telangana Chief Minister said the Congress leader does not know about agriculture and just reads scripts written by someone else.
Hitting out at Modi and the central government, he alleged, "there is a mad policy of privatisation. Everything is being privatised. He is selling LIC also. Railways is also privatised. Airports are also privatised. In the same madness, they wanted to privatise the power sector also. But in Telangana we kept it under the government.
He further said the Modi-led government wanted to fix meters on the agriculture pumpsets and the BRS regime has not allowed it despite losing Rs 5,000 crore per annum.
"Even now in North India, everyday there are attacks on Dalits. In Uttar Pradesh, Bihar, Madhya Pradesh, Rajasthan and Prime Minister's home state Gujarat, attacks are going on against Dalits. Women are being raped. What is this plight? Are we a democratic country...?" he asked.
As the constituency shares the border with neighbouring Andhra Pradesh, Rao said "If there is a double road (big road) it is Telangana, a single road (small road) it is Andhra."
Comments
Post a Comment