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'Political
will, Necessary to Combat Terrorism'
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Vijayawada,
Oct 31. (PTI): Alleging that in view of
the forthcoming polls in some States, the
UPA Government was not taking any action
regarding the Parliament attack convict
Mohamad Afzal Guru, who has been awarded
capital punishment by the Supreme Court,
the BJP on Monday said political will was
necessary to combat terrorist activities.
"There are many loopholes in the present
system. There is a need for a special court
and special laws to contain terrorism as
otherwise it would be a threat to the country...
Vote bank politics is cheap", BJP national
Vice President M Venkaiah Naidu told reporters.
In view of the upcoming elections in Uttar
Pradesh and Uttarchal, the UPA Government
at the Centre was not taking any decision
on the death sentence of Afzal, whose family
has sought clemency, he alleged. "The President
has sent the file, pertaining to Afzal,
to the Home Ministry, but it was unfortunate
that the Ministry was `sitting over' it
without any action in view of the elections",
he said. BJP would launch dharans and rallies
from November 15 by visiting the major cities
like Hyderabad, Ayodhya, Varanasi, Jammu,
Gwahati, Madhura (in Kerala) Coimbatore,
Mumbai, Ahmedabad, Bangalore, Nagpur --
whereover terrorists had struck, he said.
On November 22, it would take out a rally
to the Parliament to raise issues including
farmers' suicides, price rise, and terrorist
activities, he said. Naidu said it was unfortunate
that even the Communist parties were keeping
mum over the Afzal issue.
Courtesy:
www.hindu.com, October 31, 2006
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We
have Final say on Fundamental Rights: SC
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The
anxiety that has gripped the political class
in the wake of Supreme Court's order on
extending creamy layer to all quotas may
well spiral if they go through the full
text of the judgment that threatens to trigger
a fresh jurisdictional conflict. For the
Supreme Court's insistence on across-the-board
application of creamy layer and the inviolability
of the 50% ceiling on quota is part of the
radical assertion to be the arbiter of Parliament's
power to deal with fundamental rights. ''The
important point to be noted is that the
content of a right is defined by the courts.
The final word on the content of the right
is of this court,'' said a five-judge Bench
comprising Chief Justice Y K Sabharwal and
Justices K G Balakrishnan, S H Kapadia,
C K Thakker and P K Balasubramanyan. In
the context of quota, the unambiguous assertion
implies that the court has reserved for
itself the right to arbitrate the legality
of even a constitutional amendment meant
for expanding benefits to "backward" classes.
This is bound to have a significant bearing
on the larger issue of political leadership
seeking to put a growing number of laws
in the 9th Schedule to insulate them against
judicial disapproval. The Bench said courts
must interpret the Constitution in a manner
which would enable the citizens to enjoy
the rights guaranteed by it in the fullest
measure. It cited the example of Article
21 of the Constitution guaranteeing right
to life. ''The expression 'life' in Article
21 does not connote merely physical or animal
existence. The right to life includes right
to live with dignity,'' said Justice Kapadia,
who authored the unanimous judgment. Culling
out the essential features of various landmark
judgments of the apex court, the Bench also
laid down the standards for testing the
validity of the amending powers of Parliament.
Parliament's amending power, in a given
case, can be termed to have been exercised
in breach of the constitutional provisions
if it could be proved that a particular
enactment has violated a principle that
is intrinsically part of the basic structure
of the Constitution, it said. The apex court
said, ''In order to qualify as an essential
feature, a principle has to be first established
as part of constitutional law and as such
binding on the legislature. "Only then,
it can be examined whether it is so fundamental
as to bind even the amending power of Parliament,
that is, to form part of the basic structure
of the Constitution. This is the standard
of judicial review of constitutional amendments
in the context of the doctrine of basic
structure.''
Courtesy:
www.economictimes.indiatimes.com, October
27, 2006
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Constitution's
Basic Principles Beyond Amending Power of
Parliament: SC
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Maintaining
the superiority of the Parliament's power
to amend the Constitution, the Supreme Court
in its recent verdict upholding Government's
reservation policy in job promotions, has
set strict benchmarks for judicial review
of the Constitutional amendments. The five-judge
bench headed by Chief Justice YK Sabharwal
held that Parliament in its power to amend
the Constitution couldn't be answerable
on the test of "violation of basic structure"
of the Constitution alone. The principle
alleged to be violated must be held binding
on Parliament as an essential principle
of constitutional law. Only then the courts
can proceed to examine whether any fundamental
principle governing the basic structure
of the Constitution is violated. If the
two tests hold good, the amendment could
as well be found foul of the Constitution.
The decision of the court has come at an
opportune stage. Beginning next week, a
Constitution Bench is set to decide the
crucial position with regard to judicial
review of laws placed under the constitutions
Ninth Schedule. The court is examining whether
the Government is correct in bringing in
legislation under Ninth Schedule (immune
to judicial review) despite being struck
down as violative of the fundamental rights.
Having proposed the two-stage formula for
examining all amendments, the task laid
out before the Supreme Court is being considered
tough. In coming to its conclusion, Justice
SH Kapadia, who wrote the judgement for
the Bench said, "The recognition of a basic
structure in the context of amendment provides
an insight that there are, beyond the words
of particular provisions, systematic principles
underlying and connecting the provisions
of the Constitution."
Some
of these principles may be so "fundamental"
and "important" so as to qualify as "essential
features" or part of the "basic structure"
of the Constitution, the Bench felt, adding,
"these principles are part of Constitutional
law even if they are not expressly stated
in the form of rules." The court gave illustration
to its reasoning by suggesting, "axioms
like secularism, democracy, reasonableness,
social justice are overarching principles
which provide linking factor for principle
of fundamental rights like Articles 14 (equality),
19 (freedom of speech) and 21 (protection
of life and liberty). These principles are
beyond the amending power of the Parliament."
There is a need, the court stressed to link
the provisions of the amendment to such
overarching principles by which essential
principles of the constitution could be
distinguished that will satisfy the first
test, as enunciated by the bench. This decision
is also a marked departure from the previous
settled principle of judicial review, which
required testing the violation of fundamental
principles constituting the basic structure
of the Constitution. This basic structure
was based on the touchstone of Article 13,
which suggests any law inconsistent with
or in derogation of the fundamental rights
could be struck down by courts.
Courtesy:
www.dailypioneer.com, October 27, 2006
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India
Restarts free Trade Talks with Bimstec
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After
months of inaction, negotiations on the
free trade agreement (FTA) between India
and Bimstec countries (Bangladesh, Bhutan,
Myanmar, Nepal, Sri Lanka and Thailand)
have restarted with meetings taking place
both at the official and business level
in Bangkok this week. The meetings focusing
on ironing out contentious issues like rules
of origin, sensitive lists and non-tariff
barriers aim at accelerating the negotiations
so that the agreement is in place before
the Bimstec Summit in February next year.
Speaking to ET, official sources said since
the July '06 deadline for concluding the
agreement was missed, members wanted the
pact to be finalised before the heads of
state from Bimstec countries participate
in the New Delhi summit in February '07.
"The India-Bimstec FTA is very important
as unlike Safta it also provides for an
agreement in services and investment which
is to be negotiated later," an official
said. Talks between India and Bimstec are
stuck mainly due to disagreement over the
number of products to be subject to liberal
rules of origin (preferential list of items
). Since ROO determine which products should
qualify as originating from member countries
and hence get preferential access, relaxed
rules could result in third country goods
flowing in on favourable terms. While India
wants that the preferential list of items
to be short, its Bimstec partners want to
accommodate a large number of items in the
list. Other problem areas include the finetuning
of the negative list of items which are
to be excluded from tariff reduction commitments
under the FTA and removal of non-tariff
barriers. India's intra-regional trade with
Bimstec countries increased from 4.12% in
'01 to 6.61% in '03. According to studies
cited by the commerce ministry, promoting
rapid tariff liberalisation in the Bimstec
region could increase India's exports to
Bimstec countries by 74% in comparison to
the figures clocked in '03. Bimstec has
also agreed to work towards improved transport
links between member countries. Setting
up a Bimstec energy centre in India to strengthen
cooperation within the energy sector is
also in the pipeline. Members have agreed
to strengthen cooperation in grid connectivity,
gas pipelines, hydro power, renewable sources
of energy, energy efficiency and access
to energy in all areas.
Courtesy:
www.economictimes.indiatimes.com, October
27, 2006
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Law
Protecting Indian Women Takes Effect
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Men
who beat, threaten or yell at their wives
or live-in girlfriends could be jailed and
fined under a law that took effect Thursday
and specifically targets the often-tolerated
problem of domestic violence in India. The
law also applies to men or their families
who harass wives for larger dowries, the
government said. The measure aims to prevent
cases in which a husband or his family kills
a wife because her family did not give a
big enough dowry. The Domestic Violence
Act defines abuse broadly, including verbal,
physical, sexual, emotional and economic
mistreatment. Violators face up to a year
in prison, a fine of $435, or both. "We
have been trying for long to protect women
from domestic violence. In India, around
70 percent of women are victims of these
violent acts in one or another form," said
Renuka Choudhury, the junior minister for
women and child development. Attitudes toward
women, especially among educated city dwellers,
have changed considerably in recent decades.
But much of the country remains conservative,
and many look the other way when husbands
abuse wives. The framers of the law made
provisions for abused women to complain
directly to judges instead of police, who
often side with men and rarely act on abuse
complaints by women. Now, when a woman files
a complaint the onus is on the man to prove
that he did not abuse his wife. The law
also ensures the woman's right to stay in
the family home.
Women's
rights activists and civic groups welcomed
the law. "It's a victory for the women's
movement in this country which has been
fighting for years for laws that protect
the basic rights of women," said Ranjana
Kumari of the New Delhi-based Center for
Social Research. However, she said the law
needs to be backed by adequate implementation
funds to allow federal and state governments
to pay for protection officers and provide
legal aid and counseling. "While this is
a giant step forward, it will only be meaningful
if government sets aside funds to provide
shelter and protection to a woman against
further abuse if she files a complaint,"
Kumari said. Describing the legislation
as a "tool in the hands of millions of women
in India," she said women's rights groups
would soon launch a campaign to educate
women about the law. A U.N. Population Fund
report said up to 70 percent of married
women aged 15-49 in India are victims of
beating or coerced sex.
Courtesy:
http://news.yahoo.com, October 26, 2006
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Govt
Making Mockery of Security: BJP
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The
BJP on Wednesday yet again sought to target
the UPA government on internal security
using the conflicting statements made by
various government functionaries on Pakistan's
role in fomenting cross-border terrorism.
The opposition party on Wednesday reproduced
statements made by the government's top
managers since the 7/11 Mumbai serial blasts,
and described the situation as "comical
and farcical". It asked Prime Minister Manmohan
Singh to put an end to this trend in the
interest of national security. "Naturally,
this creeping uncertainty at the highest
level continues to give Pakistan a leverage
to indulge in its favourite gameplan of
fomenting, encouraging and sponsoring cross-border
terrorism," BJP spokesman Ravi Shankar Prasad
said. In the party's assessment, the UPA
government's failure to preempt "jehadi
attacks", and the flip-flops undertaken
by it on Pakistan's involvement in sponsoring
terror strikes across the country, had the
potential of chipping away at the Congress'
support-base. By banging away at the ruling
coalition's track-record on internal security,
the saffron outfit is also hoping to shore
up own its 'nationalistic' credentials.
The BJP spokesman referred to the statements
emanating from various government functionaries
to buttress his argument. PM: Pakistan is
behind Mumbai blasts. PM: Pakistan is itself
a victim of terrorism and terror outfits
there have become autonomous. PM: Pakistan
should walk the talk and the joint anti-terror
mechanism is the correct instrument. NSA:
There is no clinching evidence about the
role of ISI/Pakistan in the Mumbai blasts.
Union home secretary: We have solid evidence
about the ISI's role. PM: We have credible
evidence on the involvement of Pakistan's
ISI in the blasts. Defence Minister: The
ISI has spread its network far and wide,
and has even infiltrated the Indian army.
PM: We must experiment with the joint anti-terror
mechanism as we're not going to war with
Pakistan. Home minister: Armed forces should
be ready for a mini war. This 'flip-flop',
the BJP spokesman asserted, had naturally
emboldened Pakistan President Pervez Musharraf
to sermonise on the matter. "India should
first set its house in order before pointing
fingers at Pakistan on terrorism," he said.
"This comic ambivalence highlights a more
serious malaise, namely, the ad-hoc, sectarian
and myopic management of our internal security,
which has caused a great deal of discomfort
to our security forces," the BJP spokesman
claimed.
Courtesy:
www.economictimes.indiatimes.com, October
26, 2006
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Parliament
can put Quota Laws in 9th Schedule
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The
government's strategy to get around the
Supreme Court order extending the creamy
layer principle to all quotas is in place
as it prepares to argue before the apex
court that Parliament has the right to put
any law beyond judicial review if it addresses
the need for social equality. The invocation
of the "social equality" principle to justify
increased access of "backward" sections
to jobs or education through quotas would
be the centrepiece of Centre's arguments
in hearings due to start on October 30 in
the apex court. The court will deal with
the Ninth Schedule under which a law passed
by Parliament cannot be overturned by the
courts. Even though the government did not
specifically have the creamy layer issue
before it, the Centre has asserted the right
of Parliament to insert any law on reservation,
aiming to give teeth to social equality,
in the Ninth Schedule of the Constitution
barring courts from testing its constitutional
validity. This submission is made by the
UPA government before the court, a nine-judge
Bench of which will hear arguments from
October 30 on the issue relating to the
validity of legislative action to put a
law that has been faulted by courts, either
partly or fully, in the Ninth Schedule.
The difficulty may lie in arguing that exclusion
of creamy layer violates the principles
of social justice, but the obvious thrust
of the government would be on enumerating
a history of social and economic disadvantages.
Though
the judgment on creamy layer had not been
delivered at the time when submissions in
writing were put before the court, legal
arguments incorporated are possibly the
government's best defence as it seeks to
deal with the political problems at hand.
The issue before the SC is all the more
relevant as it includes placing those laws
in Ninth Schedule which have been found
defective by the courts. The government
argues, citing a host of apex court rulings,
that a legislation could be inserted in
the Ninth Schedule even if the law appeared
to violate individual fundamental rights
under Articles 14, 15 and 16 (the rights
pertaining to equality and equal opportunity
in public employment). It supports this
stand by saying that the constitutional
scheme of these rights, as settled by the
court from time to time through its judgments,
goes to show that they were not absolute
in nature. Hence, mere curtailment of these
individual rights cannot be treated at par
with violation of basic structure of the
Constitution, causing the courts to scrutinise
laws that were enacted to serve the need
for social justice, it argues. "Challenge
to such a legislation incorporated by a
constitutional amendment in the Ninth Schedule
on the ground of a basic structure is limited
to the extent that (the petitioner must
show) the fundamental rights which the legislation
takes away damages or destroys the basic
structure of the Constitution," the Centre
said. Therefore, a constitutional amendment
which drafts a legislation in the Ninth
Schedule has to be tested on the ground
whether it violates the basic structure
of the Constitution, it says. Thus, it becomes
apparent that murmur about nullifying the
rigour of the SC's recent judgment on creamy
layer through the Ninth Schedule escape
route has some basis given the strong stand
taken by the Centre on the issue.
Courtesy:
www.timesofindia.indiatimes.com, October
25, 2006
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Towards
A Reservation Free Society In India
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by
Sunil Sondhi
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The
Rashtriya Jagriti Sansthan organized a round-table
discussion on "A Reservation-Free Society
in India: How it is Possible," on 23rd September
2006 in Delhi. The discussion was chaired
by Shri Anil Shastri, MP. The distinguished
participants in the discussion included
Dr. Subhash C Kashyap, Dr. Kireet Joshi,
Dr Y C Halan, Dr S. R. Mohnot, Prof P. V.
Indiresan, Shri L N Jhunjhunwala, Shri Jimmy
George, Shri Ajay Agarwal, Shri I C Sharma,
Shri Abhaya Kashyap, Dr. Sunil Sondhi, Shri
Akhilesh Dutt, Shri J. N. Sharma Mrs Mirdula
Halan, Dr. Jaya Indiresan, Shri B S Bavaskar,
Shri Anuj Dhar and Student from Law Institute
and Mulana Azad Medical College.
NEED
for Social Justice
At the outset, there was a clear consensus
among the participants that given the inequality
and exploitation in the social and economic
structure of the Indian society at the time
of independence there was an urgent need
for the upliftment of the weaker sections
of the society. Without the participation
of the masses the independence and development
of the new nation would have remained partial.
The
framers of the Constitution of the Republic
India wanted to develop a society based
on equality and fraternity and not on a
feeling of alienation and conflict. The
provision for reservation was incorporated
in the Constitution only for ten yeas "for
the advancement of any socially and educationally-backward
classes of citizens or for the Scheduled
Castes and the Scheduled Tribes." The goal
of the positive discrimination policy was
to pull out the deprived classes from the
centuries of exploitation and denial. Even
Dr. B.R. Ambedkar, the foremost advocate
of proactive policies to uplift the backward
sections of society did not want the' provision
for reservation to continue in perpetuity.
He envisaged a maximum period of 40 years
for which protective discrimination in favour
of the backwards sections would be necessary
to bring them into the mainstream of Indian
society and economy.
The
concept of reservation had been introduced
initially on the religious and then on the
caste basis by the British Government to
divide the Indian society. Recommended by
the Simon Commission, the Communal Award
granted on a temporary basis separate seats
to depressed classes in the Provincial Assembly.
It was incorporated in the Government of
India Act of 1935 and the term' scheduled
castes and tribes' was introduced. The Constitution
of India provided an enabling provision
in Article 15 which allowed the State to
make any special provision for the advancement
of any socially and educationally backward
classes or citizens or for the Scheduled
Castes and Tribes.
The
policy of reservation is related to affirmative
action, which is practised in many other
countries. The main difference between the
two is that in affirmative Action the Amount
of concessions to be made in order to increase
representation in an underrepresented group
is at the discretion of individual organizations,
whereas the reservation system in India
is based on statutory quota that must be
met. Reservations in India have so far been
applied only in case of government aided
educational institutes, and for jobs in
the government or public sector. Currently
there is an ongoing debate to expand the
scope of affirmative action in India to
the private sector.
In
South Africa the Employment Equity Act and
the Broad Based Black Economic Empowerment
Act aim to promote and achieve equality
in the workplace (in South Africa termed
"equity"), by not only advancing people
from designated groups but also specifically
disadvancing the others. By legal definition,
the designated groups include all non whites,
females, people with disabilities, and people
from rural areas. The term "black economic
empowerment" is somewhat of a misnomer,
therefore, because it covers empowerment
of any' members of the designated groups,
regardless of race. It is quota-based, with
specific required outcomes. By a relatively
complex scoring system, which allows for
some flexibility in the manner in which
each company meets its legal commitments,
each company is required to meet minimum
requirements in terms of representation
by previously disadvantaged groups.
The
matters covered include equity ownership,
representation at employee and management
level (up to board of director level), procurement
from black-owned businesses and social investment
programmes, amongst others.
In
the United States, affirmative action mostly
applies at transition points-times when
individuals are changing their employment
or enrollment. Employers and universities
often have policies favoring black, hispanic
or female applicants. In states like California
and New York, immigrants, both legal and
illegal, receive affirmative action benefits
as well. Affirmative action has been the
subject of numerous court cases, and has
been contested on constitutional grounds.
U.S. courts have generally accepted affirmative
action as a remedy for actual present-time
discrimination; rejected it outright for
the goal of simply promoting diversity.
There is much debate in the U.S. about dealing
with the lingering, pernicious effects of
past racial discrimination.
The
purpose of reservations in India is the
same as that of affirmative action anywhere
else. Reservations are intended to increase
the social diversity in eduactional institutions
and work places by lowering the entry criteria
for certain identifiable groups who are
grossly under-represented in proportion
to their numbers in general population.
The underlying, theory is that the under-representation
of the identifiable, groups is a legacy
of the caste system as was practiced in
India for a few thousand years.
Reservation
not a Panacea
In India, the programme that was meant for
a limited period of ten years has however
acquired an, almost permanent status. Not
only that, the size that was deliberately
kept to be small so that the exception does
not become so large that it leave no room
for the rule to operate has become so large
that the society seems to be on a collision
stage.
The
enabling provision for special measures
in favour of the backward castes was supposed
to provide a window of opportunity for the
government to take long term remedial measures
to address the problem of social and educational
backwardness of the weaker sections. The
problem of backwardness required sustained
multi-pronged action on the part of the
government and the people. However, very
soon the policy of reservation became a
substitute for action. It came to be looked
upon as a panacea for all the problems of
backward sections of the society.
Social
and educational backwardness of the weaker
sections was a very deep rooted and long
standing problem in Indian society, going
as far back as the ancient times. To deal
with this problem effectively there was
a need to evolve a very elaborate strategy
and implement that at various levels of
society. It was simplistic to assume that
simply by fixing quotas and providing reservation
the problem of backwardness could be solved.
The policy and practice of reservation is
not the best way of ensuring social justices.
This policy just provides an easy way out
for the government which has not been able
to devise other rational and efficient ways
to deal with the problem of backwardness.
Failure
to Achieve Goals
It is no surprise therefore that the policy
of reservation has failed to achieve its
declared objectives. It's failure is established
by the fact that although reservation was
initially intended to be effective for 10
years it has been repeatedly extended beyond
that time and there is little indication
of this policy being given up in near future.
In fact even after almost sixty years of
independence political parties and governments
in the states and at the center compete
with each other in reaffirming their continued
commitment to the policy of reservation.
While
the policy of reservation was intended to
be a temporary measure which would help
the a limited number of backward classes
rise to the level of the general population,
what has actually happened is that the proportion
of backward classes has grown during the
past six decades. Initially the number of
backward classes was estimated to be 2,400
but the MandaI Commission identified another
category of Other Backward Classes (OBC's)
taking the total number to 3783. Considering
the advantages of being identified as a
Backward Class, there has been over the
years a demand from various castes to be
included in the category of Backward Classes.
Thus the Backward Class category has itself
become a privileged section and there is
a now a vested interest among the social
groups to become and remain a Backward Class.
Instead of contributing to the upliftment
of Backward Classes the policy of reservation
has only served to perpetuate them.
The
opportunities arising from the policy of
reservation have been cornered by the more
affluent and powerful sections of the Backward
Classes. It is the creamy layer in Backward
Classes which has moved up the ladder of
social and economic development. The weakest
sections of the population still remain
deprived of educational and employment opportunities
and continue to be exploited by the higher
and middle castes. Their continued impoverishment
means indefinite continuation of the policy
of reservation and also continued domination
of the upper and middle level classes. All
attempts to exclude the creamy layer from
the purview of reservations have been resisted
by those who benefit the most from the policy.
The
policy of reservation has also been questioned
on the ground that instead of elevating
the weaker sections of the society it has
served to bring down the level of educational
and professional services. By providing
reservation in educational institutions
and government services only on the basis
of caste and completely overlooking the
merit consideration, it has become possible
for persons with very low academic performance
to secure admission to professional institutions
and government services. This becomes sort
of reverse discrimination against meritorious
persons and only serves to deepen the rift
between the Backward Classes the rest of
the population. The policy of reservation
has thus turned out be self-defeating for
it strengthens the caste identities which
it was meant to blur and erase.
In
era when national competitiveness in the
global economy has become absolutely essential
for economic and technological development,
the policy of reservation has become a drag
on India's progress. With the recent attempts
being made to extend reservation to the
private sector it is feared that this further
erode the competitive strength of Indian
economy. To compete with the best in the
world Indian companies and institutions
have to come forward with their best products
and services. However, this is not possible
if the labour force is recruited on consideration
other than merit.
Politics
of Vote Bank
Even as the policy of reservation had failed
to provide social justice to the Backward
classes, it had succeeded in encouraging
the politics of vote bank in India. The
reserved categories of had become tools
in the hands of political parties and government
of all shades. Beginning with the Scheduled
Castes and Tribes in the fifties, and continuing
with the OBC's since the 1980's, the large
sections of population included in these
categories had been used as clearly identifiable
groups which could be collectively mobilized
during the time of elections. Thus, instead
of trying to address the individuals, the
political parties had the easier task of
addressing the backward castes for mustering
support to win elections.
The
Congress party had very successfully used
the politics of vote bank in the early decades
after independence when it was able to mobilize
the Scheduled Castes and Tribes and win
their support during successive elections
in the 1950's and 1960's. Mahatma Gandhi's
steadfast support to the cause of upliftment
of the backward castes during the freedom
movement created a constituency for the
Congress leadership which it used to secure
majorities in the state and central legislatures
repeatedly after independence. The failure
of other parties to get a foothold among
these castes was one of the reasons of their
poor performance in elections against the
Congress.
Since
the 1980's, with the implementation of the
Mandai Commission report, the OBC's had
become an even larger vote bank for the
political parties and governments to exploit.
Like the Scheduled Castes and Tribes, these
castes had become clearly identifiable groups
which could be mobilized by the political
parties during the elections. Reservation
for OBC's certainty changed the complexion
of Indian politics in 1980's, by bringing
these castes into the forefront as a homogenous
blocs of voters. However, as with the Scheduled
Castes and Tribes earlier, it was the upper
sections of these castes which gained in
terms of economic and political power. The
more backward among the OBC's remained at
the lower end and continued to suffer from
deprivation and exploitation had the hands
of more powerful sections among their category.
The
inherent dynamics of electoral politics
and the first-past- the post system makes
the castes readily available social groups
which could be used for political mobilization.
Instead of freely floating individuals,
on whose consent a democratic system is
supposed to be based, the caste based structure
of Indian society provides clearly identifiable
and fairly integrated special groups which
could be made to play an active role in
elections. The policy of reservation has
served to give legitimacy to an increasing
number of such castes, and political dynamics
has made these castes extremely useful in
securing majorities for the candidates in
the elections. Once elected to the legislatures
these candidates have done everything possible
to perpetuate the policy of reservation
rather than see that it is given up after
a certain period of time.
Policy
Recommendations
In view of the clear failure of the policy
of reservation to achieve the declared objectives
and the misuse of the policy by and for
the creamy layer among the backward castes
it is imperative that suitable changes must
be made in the policy and its implementation.
For this one needs to go back to the very
rationale of the policy of reservations.
Firstly,
since the objective of reservations is social
justice and this is only one of the ways
to achieve that, other rational and effective
ways to achieve that objective must be explored.
One of the possible alternatives is to focus
more at the level of basic education for
all in the rural areas. Government initiatives
in this regard have not had much success
so far. It is time for the private sector
and the civil society organisations to take
initiatives and establish good educational
institutions in the rural areas. This will
be the most effective way of empowering
the Backward Classes with skills and knowledge
which could be useful for their integration
into the national mainstream as also the
global economy. The rural population has
also to face the problem of unemployment
and underemployment, and to deal with this
problem Dr. S. Radhakrishnan had suggested
the establishment of school-cum farms in
villages where the students could learn
and work at the same time. Imparting of
vocational education at such institutions
could go a long way in promoting educational,
social and economic development among the
Backward Classes.
Current
reservation proposals only seem attractive
to many people who suppot it but it is of
no use to millions of really backward people
who are leading a very pathetic life in
India, irrespective of caste. Right approach
would be to provide them proper primary
education, to prevent their drop out from
schools and making them "natural competitors"
and to give scholarships at the higher levels
rather than forcing 50% reservation. For
example, very high proportion of reservations
in Tamilnadu has benefited creamy layer
of reserved classes, but still 35% of its
population is below poverty line as against
national average of 26%.
Secondly,
the methodology for the identification of
Backward Classes needs to be reexamined.
There are already discrepancies between
the data and conclusions of the MandaI Commission
Report and that of the National Sample Survey.
With the availability of much more advanced
survey techniques and data processing capabilities
it should be possible to have an authentic
and verifiable pool of information on the
nature and characteristics of Backward Classes.
Differentiation within the backward Classes
must be identified and recorded precisely
so that only the actually and deprived and
exploited sections of these classes are
given the benefits of protective discrimination.
The
policy of reservation must be based on objective
criterion. Currently it is based on historical
and political reasons. For example surveys
from Karnataka indicate that per capita
income of Brahmins in that state is much
lesser than that of the scheduled castes
and other backward classes and christians.
But still Brahmins are considered as forward
castes. We should come out of the mindset
that Brahmins and Baniyas are to be always
considered under forward castes irrespective
of their economical or social status in
a particular state. Admission statistics
of Tamilnadu also indicate that castes in
forward castes lag educationally, compared
to their colleagues in backward castes.
Thirdly,
the constructive efforts for upliftment
of t4e Backward Classess should be made
time-bound and a clear limit must be laid
down for the discontinuation of the policy
of reservation. Unless a time frame is given
and adhered to, the policy will continue
indefinitely due to bureaucratic and political
inertia. Those section among the Backward
Classes who benefit the most from reservations
will continue to support its extension in
time and social groups.
Finally,
except at the level of primary education,
at all other levels of education and employment
a clear and rational system of giving weight
age to educational and social backwardness
should be evolved. Backwardness should not
be the only criterion for giving higher
educational and job opportunities. It must
be ensured that persons of excellence in
the general category are not deprived of
educational and job opportunities to favour
persons who have no aptitude for such opportunities.
Courtesy,
South Asia Politics, October 2006
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Romania
Backs India on Civil Nuclear Issue
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Romania,
a member of the Nuclear Suppliers Group
(NSG), on Monday supported India's quest
for civil nuclear cooperation with the international
community and expressed willingness to establish
strategic partnership in energy as well
as defence sectors. The two countries also
strongly emphasised the need for democratic
nations to join efforts to "effectively"
deal with the problem of terrorism and favoured
early adoption of the Comprehensive Convention
on International Terrorism (CCIT) by the
UN. Cooperation in nuclear and defence fields
and enhancement of trade and economic ties
dominated the discussions Prime Minister
Manmohan Singh had with visiting Romanian
President Traian Basescu here for about
90 minutes. After the talks, Basescu said
his country "fully understands and supports
India's intention to expand its possibilities
to generate civil nuclear power." Romania
is a member of the 45-nation NSG which is
required to change rules to allow the international
community to have civil nuclear cooperation
with India. "We appreciate very much India's
openness in treating the issue of civil
nuclear energy. That is why within the group
of NSG, we support India," he said. Romania
joined countries like the US, UK, Russia,
France and South Africa in supporting India's
quest for civil nuclear cooperation with
the international community. "We have noticed,
which is confirmed by realities, that we
can develop strategic parternship with regard
to energy and defence industry," Basescu
said.
Courtesy:
www.hindustantimes.com, October 23, 2006
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China's
River Plan Worries India
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A
controversial Chinese plan - currently on
the boil in Beijing, that involves damming
the Brahmaputra river and diverting 200
billion cubic metres of water annually to
feed the ageing Yellow river - is giving
sleepless nights to the Indian government.
Though it is still at the discussion stage
and presents an enormous engineering challenge,
the plan reportedly has the backing of Chinese
President Hu Jintao, a hydro-engineer by
profession, say sources in Beijing. The
idea, nevertheless, is believed to be serious
enough to warrant exchange of cables between
Beijing and New Delhi. India plans to engage
in some serious consultations with China
on this issue over the next few months.
The project plans to take the diverted water
to feed north-eastern China watering Shaanxi,
Hebei, Beijing and Tianjin areas, which
could be looking at a parched future. If
the project goes through, it could strangle
one of India's and Bangladesh's biggest
sources of water. China's economic prowess
is the toast of the moment, but China's
real source of influence over its southern
neighbours is that it controls the tap for
this part of the world. The proposed project,
called the 'Greater Western Water Diversion
Project', is part of the gigantic South-North
water project that has already been started
by China. In August, the Chinese government
sanctioned 300 billion yuan to divert water
from the upper reaches of the Yangtze river
in the Qinghai-Tibet plateau to the upper
reaches of the Yellow river in north-western
China. It will bring water from the Yalong,
Dadu and Jinsha rivers, which are tributaries
of the Yangtze, to the upper reaches of
the Yellow river.
It
is the proposed western route of this project
being debated in China at present that is
worrying strategists and policy-planners
in the Indian government. They believe this
project, if allowed unopposed, could have
immense impact on lower riparian states
like India and Bangladesh. Indian officials
are preparing for detailed discussions with
their Chinese counterparts over the next
few months. The western diversion project
is inspired by a book, How Tibet's Water
Will Save China , by Li Ling. Picking up
a great deal of support among the Communist
party leadership in Beijing, sources said,
this book details the proposal by hydrologist
Guo Kai called "Shuo-tian" (reverse flow)
canal, which proposes to divert the Brahmaputra.
Recently, responding to Indian media reports
that China had built a dam on the Sutlej
river, the Chinese foreign ministry acknowledged
the dam in Zhada county in Tibetan Autonomous
Region (TAR) but said they did it for electricity
for the local population. In doing so, they
"considered fully the impact on lower reaches".
Corutesy:
www.timesofindia.indiatimes.com, October
23, 2006
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RIAD:
3,812 Villages Identified
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Remote
and Interior Areas Development (RIAD) programme,
launched by the government to pay special
attention to developmental activities being
taken up in extremist- affected villages
in the State, aims at increasing the per
capita income of rural individual or each
family. A high-power committee, headed by
former minister T. Purushothama Rao, is
already on the job and identified 3,812
villages in 316 mandals for implementation
of the project. Of these villages, works
in 1,250 villages will be taken up in the
first phase and in the remaining 2,562 villages
in the next two years. Besides, a special
project under the Rural Infrastructure Development
Fund has been sent to NABARD for its perusal.
Under the project, Rs.196 crores would be
spent on roads and minor irrigation projects
in seven districts. Drinking water, school
and anganwadi buildings, mobile medical
system, soil testing labs, mobile veterinary
clinics, strengthening of market yards and
other infrastructure in rural areas will
be taken up in selected districts.
Courtesy:
www.hindu.com, October 20, 2006
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Creamy
Layer for SCs, STs too
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The
Supreme Court on Thursday gave a fresh turn
to the debate over quotas by ordering exclusion
of the "creamy layer" among SCs and STs
from the ambit of reservations even while
it upheld the validity of quota in promotions.
Besides extending the concept of creamy
layer - limited so far to OBCs - to SCs
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