Police warn of stern action against untouchability
Villoor deserted after police action against caste Hindus
There was an eerie silence in Villoor on Monday, as almost all the streets of caste Hindus wore a deserted look. Shops and houses (except one or two) remained locked and there was no male member in the village, following police action against them for involvement in attacks against Dalits and police personnel.

Fifty-three members belonging to a Backward Class of Villoor under Peraiyur taluk near Tirumangalam have been arrested under various sections and eight cases were booked against them following their attempt to attack Superintendent of Police Asra Garg and also for attacking police personnel, damaging police vehicles and the K3 police station on Sunday night. Twelve policemen were injured in the attack and a few houses of Dalits were damaged.

Speaking to The Hindu at Villoor police station on Monday, the Inspector General of Police (South Zone), M. N. Manjunatha, said untouchability practised in any form would be tackled with an iron hand and the police administration was serious about it. He recalled that trouble started when some caste Hindu youths beat up a Dalit youth G. Thangapandian (24) for riding his motorcycle through the Kaliamman Temple arch late on Saturday night.

Following this, Thangapandian filed a complaint and as directed by Mr. Garg, the Villoor police, after investigation, registered cases and arrested five caste Hindus of the same village. A peace meeting was held by both revenue and police officials. Mr. Garg stating that untouchability in any form would not be tolerated by the custodians of law appealed to them to maintain peace and live cordially.

However, a large group of caste Hindus started attacking the dwellings of Dalits when electricity went off. When police intervened, they started throwing stones at them. Later, they gathered near the police station and attacked their vehicles. When they attempted to attack the SP and his special party, Mr. Garg opened fire and P. Kalimuthu (18) was injured. Teargas shells were fired to bring the situation under control. S. Muthiah and A. Palani were injured in the lathicharge. All the injured have been admitted to the Government Rajaji hospital where their condition is stable.

Forms of untouchability
The Hindu had reported that there existed a peculiar practice of untouchability (Dalits of Villoor face peculiar problem, September, 16, 2010) that they were not allowed to ride two-wheelers along the streets of caste Hindus. Those who defy these norms are being attacked and ostracised by the dominant caste in the village. The villagers and a shopkeeper on the street had already said that the practice had been there for a long time.

“Earlier, things were worse. If Dalit men wore ‘veshti' (dhoti), they would immediately pull it out and take it away. Dress being an important marker of caste, the Dalits here were informed how to wear and how not to wear clothes,” an elderly woman Murugammal said. “Even in tea shops we are served tea in separate stainless steel tumblers which we have to wash ourselves every time we use them. We cannot sit in front of them in bus shelters; no pathway is there to approach the graveyard and we have to use circuitous routes even in an emergency situation.”

The most affluent Dalit family in the village is that of G.Murugan, brother of Thangapandian, who owns land, tractor and a house. His brother had completed teacher training and spent most of his time in urban living conditions and this invited the wrath of caste Hindus.

In fact, two routes, Eastern Puliyampatti Vilakku and Maravapatti, were identified by the Revenue Department for Dalits. Since it could not solve the real problem, they abandoned the idea. The village has a major population of a dominant OBC caste and Dalits are miniscule in number. They are secluded in the eastern part of the village (Kizhakku Theru). Most of the Dalits are part of agricultural labour force and a few among them are engaged in making broomsticks during off season.

DIG of Police (Dindigul Range) Sanjay Mathur is on the spot and a posse of 600 police personnel from all the southern districts, including two TSP battalions, are deployed in the village.

Source: The Hindu Dt 03.05.2011

Villoor issue: rights forum for employing

externment powers

City-based human rights organisation, Peoples Watch, has condemned the attack against Dalits by caste Hindus and also demanded action against perpetrators who practice untouchability under various sections of the Scheduled Caste/ Scheduled Tribe Prevention of Atrocities Act, 1989. 

In a release issued by its executive director Henri Tipaghne on Tuesday, the organisation has made the following demands to the district administration and police authorities.


Various practices of untouchability such as two-tumbler system in tea shops and denial of permission to ride two-wheelers on public pathways should be eradicated completely by taking stringent action.


Since the village has many forms of untouchability, the administration under SC/ST POA, 1989 should declare the village as prone to atrocities and take necessary action.


Externment powers under Sections 11, 12, 13, of SC/ST POA ACT should be used against members of dominant caste who are most likely to commit an offence because Dalits, a minority in the village, are living under perennial fear that they could be attacked at any point of time.


Mr. Tiphagne opined that externment power has been underutilised by the State and it should be used in cases such as this to protect the oppressed.


Pat for police


The organisation appreciated the police officials for taking immediate action against the perpetrators of untouchability.


Efforts like this to exterminate caste-based atrocities are needed and this could instil confidence among the Dalits and oppressed about the State machinery
Source: The Hindu Dt 04.05.2011






















— Photo: S. James

Award death penalty for honour killings: SC

Holding honour killings as a slur on the nation and a barbaric, feudal practice that ought to be stamped out, the Supreme Court on Monday directed courts to view such cases as "rarest of rare" category for awarding death penalty to the convicts.

"In our opinion honour killings, for whatever reason, come within the category of rarest of rare cases deserving death punishment. It is time to stamp out these barbaric, feudal practices which are a slur on our nation.

"This is necessary as a deterrent for such outrageous, uncivilized behaviour. All persons who are planning to perpetrate 'honour' killings should know that the gallows await them," the apex court said in a judgement.

A bench of justices Markandeya Katju and Gyan Sudha Mishra passed the judgement while dismissing an appeal filed by Bhagawan Dass challenging the life imprisonment awarded to him by a Delhi Sessions Court for killing his daughter Seema as she was allegedly in an incestous relationship with her cousin, despite being married

The apex court said "many people feel that they are dishonoured by the behaviour of the young man/woman, who is related to them or belonging to their caste because he/she is marrying against their wish or having an affair with someone, and hence they take the law into their own hands and kill or physically assault such person or commit some other atrocities on them.

The judges said no one can take law into their own hands. "If someone is not happy with the behaviour of his daughter or other person, who is his relation or of his caste, the maximum he can do is to cut off social relations with her/him, but he cannot take the law into his own hands by committing violence or giving threats of violence," the bench said.

The prosecution had alleged that Dass was very annoyed with his daughter, who had left her husband Raju and was living in an incestuous relationship with her cousin, Sriniwas.

Enraged, he strangulated her on May 16, 2006 with an electric wire and tried to cremate the body when police swooped on him.

Based on circumstantial evidence and the initial statement made by Dass' mother that it was her son who killed the grandaughter, the sessions court awarded life imprisonment and the high court upheld it following which the convict appealed in the apex court.

Upholding the punishment, the apex court said, "Before parting with this case we would like to state that 'honour' killings have become commonplace in many parts of the country, particularly in Haryana, western UP, and Rajasthan.

"Often young couples who fall in love have to seek shelter in the police lines or protection homes, to avoid the wrath of kangaroo courts," Justice Katju writing the judgement said.

Source: The Indian Express dt 09.05.2011

Dalits asked to cough up more for tea in this village
A couple of weeks ago, when a group of dalits from R Palakuruchi village lodged a complaint with the police, alleging practise of the ‘double-tumbler system’ in the village, the non-dalits reacted in a strange way. They hiked the rate of tea served to dalits in village stalls.


The tea stalls started charging dalits Rs 7 for a glass of tea, costing just Rs 4 for a non-dalit. Since most of the tea-stalls are run by non-dalits, the dual price system has dealt yet another blow to the dalits who have been facing oppression in the remote areas of Tamil Nadu for long. However, K Gowri, sub-inspector at the Ulagampatti police station, where the complaint was lodged, claimed he was not aware of any hike in the price of tea for dalits. “We have to investigate and see whether any shop is selling tea at a higher rate to dalits,” he said. However, activists say the reason behind hiking the rate of tea is simple. If you hike the rate, no dalit will come and have tea. “The poor dalits can’t afford to have tea by paying seven rupees. So instead of saying ‘no’ to serving tea to them, the shopowners have hiked the charge,” says T L Ramu, activist and councilor of S Puthur.

While every shop in R Palakuruchi keeps five ‘steel’ tumblers each for serving tea to dalits, the non-dalits are given tea in glass tumblers. “We are not allowed to sit on benches. We have been facing discrimination for a long time, but with this special rate for tea, its has reached another level,” he says.

It all started on April 26 when a group of dalits complained to the police about the practise of ‘double tumbler system’ in the village. Out of vengeance, the non-dalits allegedly assaulted and tortured two dalits -- Manimuthu and Ganesan -- after tying them with a rope. A case was also filed in this regard and they were later rescued by the Ulagampatti police. The decision to hike the rate for tea followed soon after this incident.

“We have arrested two people in connection with the assault case. We also called people from different groups and a warning was also issued,” subinspector Gowri said.

“It’s high time the concerned collector visited the place and ended the discrimination. Already, the two-tumbler system is prevalent in many places. Now the issue has become more serious with the hike in the price of tea served to dalits,” said K Sundar, an activist based in Sivagangai.
Source: The Times of India Dt 10.05.2011

Clashes at Law college: A Fact finding report

11/24/08

(Committee constituting Educationists and Human rights activists)

(for contacts: 9444120582, 9444214175,9443439869)

The incidence took place on the 12^th of this month shook the people of Tamilnadu as a whole. It ought to be taken cognizance of that these incidents have taken place purely based on casteist lines. The repeated display of the clippings in the electronic media and the print media expressed that in the whole caste clash that took place one particular community students beat down other community students violently. On the overview even if it appeared to be entirely true, this was only part of the whole truth. The problem is deep rooted. Without understanding the caste groups and the casteist feelings that prevail in the law college campus one cannot understand truth in its entirity.

With reference to this, the law college students, staff and the social activists drew our attention to this issue. To collect the complete facts regarding the issue a committee consisting of the educationists and the human rights activists was formed. The team was constituted with the following members:

1)      Professor A. Marx (Peoples Union of Human Rights)

2)      Advocate Rajini   (Peoples Union of Human Rights)

3)      Thai. Kandasamy (Peoples Union of Human Rights)

4)      Advocate K.Kesavan ( Centre for Protection of Civil Liberties)

5)      Advocate Sujatha  ( Centre for Protection of Civil Liberties)

6)      Advocate Manoharan( International Association of Peoples Lawyers)

7)      Professor Sivakumar( Rtd. Principal, L.N. Govt.Arts College, Gudiyattam)

8)      Professor Santhosam

9)      Professor Lenin(Loyola College)

10)  Jerome Samraj( Student, Ayothidasar Reasearch centre)

11)  R. Revathy( Women’s meet)

12)  Advocate Raghavan.

On 18^th and 19^th the team met Bharathi Kannan, s/o Karuppaiah Thevar ( IV year), Devakottai, Ayyadurai, s/o Mariappa Thevar (II year), Sankaran Koil, Arumugam, s/o Kamaraj, Thirubvammamalai(III year) who are all undergoing treatment at govt. medical Hospital, Chennai and Chitraiselvan, s/o Kuppusamy, Pattukottai(IV year) who is being treated at Royapettah Govt. Medical Hospital and Dalit Students Premkumar, Ilayaraja, Asok, Gokul Raj, kanagaraj, Gopala Krishnan, Siva. Kathiravan, P. Govindan, V. Govindan, who are incarcerated at Puzhal prison and the newly appointed Principal for the Ambedkar law college Mohammaed Iqbal, the professors who were direct witness to the incidence of violence at the law college, Rtd. Scientist Gopal and Advocate Rajinikanth who happened to be present there when the incident took place. The team also met the Asst. Commissioner Balachandran and spoke to him. It also met Inspector Jayakodi over phone. The team also met the parents of the victims.

Background details:

There have been frequent clashes amongst students of the Chennai Ambedkar law college in the past few years. In addition to the direct caste clash there have also been clashes between the hostellers and non-hostellers. The majority of those staying in the hostels belong to SC (149 persons) and BCs (7 persons) community. Caste plays a primary role in all these clashes. For example, the clash between the hostellers and others has to be seen as caste clash only.

In this circumstance, in the past few years there was a caste based organization formed within the law college premises. So far there used to be only organizations belonging to political parties and not caste based organisations amongst the students. The ornaisation named ‘Mukkulathor Manavar Peravai’ was run with the support from outside from the Thevar Peravai. This organization used to celebrate the birthday of Muthuramalinga thevar, October 30^th as ‘Thevar Jayanthi’. On this occasion posters and notices with slogans whipping up the communal feelings used to be printed and these consciously omitted the name of ‘Dr. Ambedkar’ in their printing while denoting the college name. The college name used to be shown as Chennai Law College Instead Of Dr. Ambedkar Chennai Law College as such. The college authorities never bothered about this deletion. This evoked anger and sober amongst the Dalit students. In every celebrations in the college there used to be a practice of garlanding Dr. Ambedkar’s statue. But during Thevar Jayan when the students come on procession they wantonly neglect this practice.

In the meantime when the seniors were ragging in the sense of making witting statements etc. last year with the juniors, there was a peculiar incident that took place. One Vijay Pradeep warned the seniors ‘not to play with him unnecessarily without knowing his background. He claimed that his uncle is the accused RAmar of the famous Melavalavu Murugesan Murder. On this both sides got enraged. Vijay Pradeep became the prime person in organizing the students based on caste. He was a prime person behind the violence that took place on 12^th and the same was confirmed by the staff who witnessed the violence on 12^th.

This year as well during the Thevar Jayanthi celebrations on 30^thOctober posters were displayed all around. While denoting the name of the college Dr. Ambedkar’s name had been omitted while the posters had been printed. Students belonging to Mukkulathor Students federation claim that few dalit students, enraged by this, had torn off one or two posters. Dalit students deny the charges. Whatever be the case, there was a scuffle that ensued on that day between these two groups. Subsequently other students have threatened the dalit students warning them ‘you will be beaten up if you came for the exams. We will break your legs’.

One has to understand the following facts. Dalit students would primarily mean those dalit students staying in the hostel. Since they all stay in the same complex together there is a good coherence of understanding between them. They debate, discuss and share everything together. Hence, even in the caste clash that took place they became the targets. The students who have been victim and admitted in the hospital and who took up this issue, Shri Chitraiselvan and the other two students who have been beaten up and admitted in the hospital Shri Bharathi Kannan and Arumugam had previous enmity. Based on a complaint filed by Chitraiselvan two years back, there is a PCR case pending on Bharathi Kannan and Arumugam over an attack on him. Bharathikannan has obtained an anticipatory bail on this. Arumugam told this committee that there is a case pending on him. This year of the total 11 cases filed on the law college students, Bharathikannan is involved in 3 cases as per the Inspector of Police Shri Jayakodi. He affirmed this to our committee.

On November 5^th, when the exams started, fearing assault, few hostel (dalit) students did not come to write the exam. Some who braved the situation were threatened by Bharathi Kannan and Arumugam who are in the hospital beaten up in the clash. On 7^th November, four dalit students named Meganathan, Sivaraj, Raja and Ezhumalai were beaten up at the Bus Stand. It is learnt that in addition to Bharathi Kannan and Arumugam, Shri Ayyadurai, Vijay Pradeep, Thirulogeswaran, Sukumaran were involved in this assault on the dalit students.  Dalit students seem to have discussed this matter in the hostel. They decided not to go in for police complaint during the exam time. They also decided to give protection to the dalit students who went for the exams.

Everyday Bharathi Kannan was prowling with daggers and knives. This was confirmed to the committee by the staff and professors of the law college. It is also to be noted that Bharathi Kannan and Arumugam did not have exams this time. There were instances of intervention to save the situation by some staff and professors of the Law College there, when the students were being threatened and driven away.  In this situation only the exam was continuing on 12^th of November.

November 12^th incident:

When Bharathi Kannan and his group threatened the students who came for writing the exams, professors and Principal Sridev had gone and driven them away. In the meantime dalit students staying in the hostel knew of the situation and more than 40 of them came along with logs etc to the college.  That they did not possess any lethal weapons with them was confirmed to the team by the professors.

In the meantime college authorities have closed the entrance of the college. The students came from hostels entered forcibly the college campus by pushing open the college gate. When the professors and principals intervened they answered that they had come only to defend for the students who came there for writing the exams and they had no intention to attack anybody.

Perturbed by this, the college authorities approached the support from the police authorities. College principal also had submitted a written request to the Esplanade police station. He even went in person and gave the complaint when the situation was becoming tense. The presently suspended Asstt Commissioner Shri Narayana Moorthy, gave the numbers of Paul Kangaraj, President, Advocated Asociation, Chennai High Court and Armstrong, a BSP leader and asked the principal to contact them to pacify the situation.  Principal tried to save the situation by contacting them. And on the principal’s request Advocate Rajanikanth also spoke to the dalit students. Scientist gopal was also present at that time. The students informed them that they had come only for defence. When they had returned back, Gopal saw the two students jumping in to the college campus and  sharpening their daggers.

In the meantime Ayyadurai came out after writing the exams. Since he was already involved in thrashing the dalit students he was beaten up. However he did not bring any lethal weapons that day. Since the dalit students felt he did not have the intention to attack they gave him water, pacified him and sent him off. This was confirmed by the Advocate Prakash who had come to drop his daughter safely for the exams. Other teaching staff also confirmed this.

In this context only, Bharathi Kannan and Arumugam came rushing towards the students. Bharathi Kannan rushing towards the students, holding the daggers is recorded in the electronic media. When the team went, it was told that he was in a deleterious state. His parents spoke to the team. Arumugam who spoke to the team accepted that they two had daggers in their possession at that time. He told that since they heard that Ayyadurai was beaten up, they came for his rescue. When Bharathi Kannan rushed towards the dalit students scolding them in harsh (vulgar) language the dalit students ran helter shelter.

The previous enmity between Chitraiselvan and Bharathi Kannan is narrated already in this. Both Bharathi Kannan and Arumugam attacked Citraiselvan. On seeing Chitaiselvan fall with injury on his head and over his body, the dalit students rushed back with logs to attack the two. With the daggers falling off from their hands the two could not resist the attack on them by the dalit students who beat them with the logs. This was shown in the electronic media and everyone is witness to that. The police authorities did no efforts to stop or disperse the crowd. This was also clear from  the visual media.

Present situation:

With reference to the Nov. 12^th incident three cases have been filed:

1)      On 8 dalit students and ‘others’ cases have been framed in the case related with Cr. No. 1371/2008.  So far, 23 students have been arrested and put in Puzhal prison and Saidapet sub jail. Chitrai Selvan being treated in the hospital has already been arrested. IPC 147,148, 307(attempt to murder), 506(2) (threat to attack) has been foisted on him.

2)      On the complaint filed by Chitrai Selvan, cases have been registered on Bharathi Kannan and Arumugam  under Cr. No. 1372/2008. No one is included as ‘others’. The case under IPC 506(2)( threat to attack) has been filed. Nobody has so far been arrested.

3)      On Cr. No. 1373/2008, on the complaint filed by the principal 14 students have been arrested.

Government has taken action by suitably transferring some and suspending some others. The principal has been suspended. A commission of enquiry headed by a Rtd. Judge Shri Shanmugam has been constituted by the government.

Our findings:

1)      The functioning of the caste based organizations with in the college premises is a cause for concern. The violence that took place on the 12^th of November ought to be condemned. But the same cannot be viewed in its isolation. It has to be understood in the background of the past incidents that prevailed.

2)      Caste organizations should not be allowed to flourish with in the college campus.That also omitting Dr. Ambedkar’s name while printing independent notices or posters and pasting it near the college should have been taken cognizance of by the college authorities and curbed at the early instance itself. College authorities should have sorted out the issue by adopting the procedures like counseling the students whenever disputes arise amongst students, if necessary call for a tripartite meeting with the parent, teacher and the police authorities  and when not complying with the consensus taking appropriate action on the violators.

3)      The police authorities take the excuse that the college authorities did not allow them inside the campus. But the college authorities claim that a written request for the intervention was placed with the police. When the team enquired about this to the investigating officer, Inspector Jayakodi he did not have any knowledge of this. But he said he went and took the students who were beaten up, the attitude of the police in watching a cognizable offence taking place before their own eyes as a bystander is highly a cause for concern.  There need to be no permission or orders to stop a cognizable offence taking place in public.

4)      All the govt. colleges especially the govt. law colleges are just an extension of the village atmosphere. The caste feelings that exist in the village prevail even within the college campus. Not only inChennai Law College but also in all other law colleges also the situation prevails. Even in Coimbatore Law College the same situation seems to be prevailing. The character of the legal profession is one reason for such a situation in the law college. Specifically in the village the legal profession is attached with the caste allegiance. To register as the lawyer itself is identified with the caste related activity. Political parties do not condemn this attitude. A particular student can continue to remain in a given party as well as his caste organization.

5)      Govt. colleges and the govt. law colleges are neglected by the government. The vacancy in teaching staff posts are not filled upon properly. Hence the students are not completely engaged in the classes. When the classes are not taken, the students stay outside assembling with in the campus. This invariably leads to some avoidable disputes. At present there is 55 posts unfilled in the law college, Chennai. At the same time, elite schools run by the government function well with full strength. When this clash took place in the law college it is everyone’s knowledge that the principal was posted only temporarily. The principal in charge cannot take firm action on any situation is very well known.

6)      Few years back there was a commission appointed to go into the clashes that took place in the hostel. Its recommendations were submitted to the government. The recommendation to appoint a permanent hostel warden is yet to be fulfilled.

7)      To block the students from writing the exams that would affect the future of the students is a serious matter. The college authorities should have taken note of this. The professors could not give proper details on how many students failed to attend the exam due to such a threat.

8)      Government and the police authorities are approaching the problem in a reductionist way. They have resorted to indiscriminate arrest of any dalit student. The student named Gokul Raj of ThirupathiAmbedkar Law College who happened to be present in the court at that time has been arrested. The police authorities that chose to relieve him when it knew he was from Tirupathi Law Collegeremanded him once knowing his caste identity as belonging to dalit. The family members of the dalit students have been put under great pressure and trouble. Arrested dalit students have been insulted very badly by the police authorities. 

Recommendations:

1) Functioning of the caste based organizations with in the college campus should be curbed forth with. There has to be a ban on the functioning, issuance of pamphlets, posters in the name of such organizations within the college campus. College names should be printed only in a recognized form. Any attempt to delete Dr. Ambedkar’s name by any one in denoting the college’s name should be made punishable.

2) Based on this issue there is a demand being raised to remove Dr. Ambedkar’s name in the naming of Law College. This is totally untenable and government should not yield to such a move and rescind any such move.

3) Even in The Coimbatore Law College such an issue prevails. The students coming for the exams have been attacked there. Government and the college authorities should take necessary preventive steps to stop recurrence of violence.

4)      The steps government has taken so far is one sided. While Chitraiselvan has been attacked on his head, his ears are torn, it has not so far taken action on IPC 307 on those who attacked him. They have not been arrested yet. No action has been taken so far on the students belonging to the Caste organization that operated from behind. This is highly condemnable. Government must take corrective measures immediately.

5)      Stop forth with harassing the family members in the name of search operation to nab the absconding students. All hose innocent students, especially Gokul Raj of the Tirupathi college should be released forthwith.

6)      The vacancy in the teaching staff posts should be filed forthwith. The exams that have been stalled due to this violence should be conducted immediately. Those students who could not attend the exams due to threat of attack or fear should be provided fair chance to attend the exam. Permanent counseling committee and peace committee should be constituted. Full fledged hostel warden should be appointed.

7)      It should be enquired Why the police authorities failed to take action even when the written complaint was lodged with them by the principal. It is understood that the same police authorities that gave the contact no. of BSP leader Armstrong to pacify the students is planning to arrest him. It would be erratic if this is being done on the insistence of other caste organizations. The government should enquire in to this.

8)      In the pattern of ‘House Surgeon’ course adopted for the medical students in their final years, the law students should also be provided with internship course at various legal cells and high court registry in their final years (III year and V year) with stipend.

9)      The students lodged in the Saidapet sub jail should be shifted to Puzhal prison immediately.

Chennai

November 22, 2008

Source: http://www.ambedkar.org/

BSP leader held for 2008 clash in city law college

The police on Sunday arrested Bahujan Samaj Party state president K Armstrong, following a direction from the Supreme Court on Friday, for the November 2008 students’ clash at the Dr Ambedkar Government Law College in Chennai.
   Armstrong, who had contested the recently-held Assembly election from Kolathur, was arrested from a hotel in Purasaiwalkam on charges of instigation and produced before a judicial magistrate in Saidapet. The court, however, asked the police to produce at a George Town Court on Monday morning.
   A special team earlier had found him at the hotel after a day-long search. “Initially, he did not cooperate with us. Then, after we showed him the arrest warrant he relented,” a senior police officer said.
   The Madras high court had on Saturday granted anticipatory bail to advocate S Rajinikanth, another person mentioned in the Supreme Court order in the case relating to the students’ clash at the Dr Ambedkar Government Law College.
   Justice T Sudanthiram granted the relief to Rajinikanth at a special sitting at his residence. He said the advocate should furnish an own bond for 10,000 with one surety and should appear before the police as and when required. Armstrong had also filed an advance bail petition, which was dismissed as withdrawn.
   The anticipatory bail applications came in the wake of the Supreme Court on Friday directing the Tamil Nadu Director-General of Police to file an affidavit explaining why the accused mentioned in the charge sheet as “absconding” were not arrested.
   On November 12, 2008, a group of students armed with deadly weapons attacked another group in full public view, leaving four persons seriously injured. An altercation over the printing of a pamphlet to mark the Thevar Jayanthi celebrations on October 30 had led to the clash, according to sources.
   The students who were involved in the clash had also demanded the arrest of BSP leader Armstrong, who they alleged, had instigated the violence.

Source: The Hindu Dt 02.05.2011

Central govt employees' retirement age to be extended by 2 years to 62 

THE LAST TIME THE GOVT EXTENDED THE RETIREMENT AGE OF CENTRAL GOVT EMPLOYEES WAS IN 1998. IT WAS ALSO A TWO-YEAR EXTENSION FROM 58
THE government is planning to extend the retirementage of all central government employeesbytwoyears--from the current 60 to 62 years.
Sources said that an inprinciple decision has been taken in this regard and the department of personnel and training (DoPT) has begun the work to implement the same. A formal announcement to this effect is expected this year itself. The last time the government extended the retirement age of central government employees was in 1998.
It was also a two-year exten sion from 58. This was precededbytheimplementation of the 5th Pay Commission, which had put severe strain on government's finances.
Subsequently , all state governments followed the Centre's policy by extending the retirement age by two years.
Public sector undertakings followedsuittoo.
The decision to extend the retirement age is welltimed both politically and economically .
The UPA government reckonsthemovewouldbea masterstroke. At a time when it is buffeted by several corruption cases, it is felt that the extension of the retirement age will go down wellwiththe middleclasses.
Economicallyalso,themove makes sense because by deferring payment of lump sum retirement benefits for a large number of employees by two years, the government would be able to manage its finances better.
"An in-principle decision has been taken to increase the retirement age by two years within this year itself.
This would reduce the burdenonthefiscfromone-time payment of retirement benefits for employees including defence and railways personnel," an official involved in the discussion said. With the fiscal consolidation high on the government's agenda, this deferment would come handy .
There's some flip side too if the retirement age is extended by two years.
Those officials empanelled as secretaries and joint secretaries would have to wait longer to actually get the posts. And of course, there is the issue of average age profile of the civil servants being turning north. It is also felt that any extension is not being fair with a bulk of people who still look for jobs in thegovernment.
However, officials point out that at least it prevents an influential sectionof thebureaucracy to hanker for post-retirement jobs with the government like chairmanship of regulatory bodiesortribunals.
"As it is, a sizeable section of senior civil servants work for three to five years after the retirement in some capacity or the other in the government,” said a senior government official. The retirement age of college teachers and judges are also beyond 60.
As per a study, the future pension outgo for the existing Central and State government employees is estimated at a staggering R1,735,527 crore or 55.88% of GDP at market prices of 2004-05.

source: The financial express dt 02.05.2011

A must read article appeared in the Hindu dt 30.04.2011
The Ambedkar party



FESTIVE SPIRIT: A procession to celebrate the 120th birth anniversary of Dr. B.R. Ambedkar in Dharwad, Karnataka, last week

 We are having a party in the slums of Maharashtra tonight, April 14. It's got everything that you can think of in a rollicking bash. There are DJs spinning awesome dance beats, remixing everything from matkajhatka numbers to lawanis with bits of angrezi lines thrown in and the adrenaline is rushing out in blaring pulses through huge black speakers. Our women have coloured their lips, dabbed their faces with powder, put flowers in their hair and turned out in the best dress from their trunks. If they look cheap, then you have noted correctly. The dresses and the make-up were bought in a low-end bazaar at places that hold defective dress sales. They had saved this dress from many temptations gone by just for this special day.

Our children too have been dolled up in even cheaper frilly synthetic dresses and the talcum powder stands out on their dark-skinned faces. As for our men, they have a bit of cheap liquor in their breath and are dying to let loose and dance like mad men. Our rowdy young boys were never really known for their decency and hence have thrown all care to the winds and are dancing like clowns while our young girls look at them coyly and giggle from some distance.

Many of our homes will be cooking beef; it's far cheaper than mutton and chicken so frankly we can't afford to care about your religious sentiments. In fact, if you look at us everything about is low on price, save the million-dollar smiles on our face today.

What's the occasion? It's the 14th of April and we are celebrating Babasaheb Dr. Ambedkar's birthday.

I know you dislike us and everything we are doing. But today is our day and you must simply endure us. And why not, I say? We put up with everything you do every single day, and have been doing so from time immemorial, so save us that look for today. You turn up your pretty noses at the stench of our slums when you pass by. Have you ever realised that the stench is because we live beside a gutter that carries the shit out of your clean houses? Tonight, we dance free from the straitjackets of your decency – which we of all people know is bloody fake because remember we work in your homes silently and see all your dirt all the while.

Tonight, we dance because it's the birthday of the man who showed us clearly that we were human beings. He didn't simply rename us and soothe your guilt by being euphemistic. He actually told us we were humans who had the right to dream and the right to be happy. We know you find us dirty, ugly, ignorant and wretched. But he showed us we were dirty because you took away our clothes and our water, ugly and undeveloped because you took away our food and left us to eat the rotting things, ignorant because you wrote books in languages we did not know and you wouldn't let us be taught and we were wretched because slaves are always that. And from then on we worked at stopping to be dirty, ugly, ignorant and wretched. Of course, most of us are still all of that but that's because you have had a few centuries of head start and even now you'd do everything in your power to stop us — including buying some of us out.
We know we are dancing in the middle of the road and your car is held up in the traffic. Don't swear like you own the road! What makes you think the road belongs exclusively to you? Why should it? Because you drive home from glass covered buildings? Look around someday. For every car you drive, a score of us are walking by the side or have stuffed ourselves into buses and share autos. In fact, when the mud was dug and the tar as black as our skins was laid for your car to zoom smoothly, it was we who were here working in the sun and into the late night while you cursed the country's bad system in your imported style. Whether or not the road belongs to you is of little importance, the bigger truth is we belong to the road! Do you even know how many of us were born here? Or how many of us eat, sleep, love, have families and live out our entire lives here on the roads? And yet you think you have the right of way?

And by all means we will dance, drunk and ugly, on the road. We could never go to the places your spoilt brats go to do their drunk and ugly dancing, could we? What you pay as tip is what we spend for food for an entire day! Even otherwise, the only way we go into those places where your kids act out their orgies is when we stand in the toilets waiting to clean up after them. So we will dance on the road. Think of it, when we are drunk and dancing and out on the road, we merely hold up your car. But when you have done your drinking and dancing and are out on the roads, you bloody drive your cars onto us and smash us into the pavements. That should set the record straight about who is more dangerous when drunk.

Even though we know will be back to working for you tomorrow, underpaid, abused and putting up with your acting as though you carry the world on your shoulders, tonight we celebrate. Clearly, you have two options. Sit in your cars and curse us, or join The Party.
(The writer's email is siddharthyaroy@gmail.com)
Source: The Hindu Dt 30.04.2011

COURT VERSUS KHAP


The law of the land is up against a medieval mindset that accepts no change — even if it’s ordered by the Supreme Court

“There is nothing honourable in such killings...they are nothing but barbaric and shameful acts of murder committed by brutal, feudal-minded persons who deserve punishment.” — Supreme Court ruling on April 19

The Supreme Court’s condemnation has rattled khap panchayats, but they are rounding on it furiously and cannily accusing it of culpability for the very crime of which they’re accused — honour killings. Sunil Dahiya, the rich, 40-something secretary of one of Haryana’s oldest and largest khaps, Dahiya, tells TOI that there has been a spurt in honour killings in Haryana in the last couple of years and the “courts are getting it done”. The businessman, whose khap counts one-crore members and is spread over 92 villages in the state, insists that India’s antiquated system of justice “validates marriages between same-gotra ‘brother’ and ‘sister’.” This is why “the victimized families have to resort to (honour) killings,” he concludes triumphantly.

Sunil is not alone in his defiance and ready defence of the typical mindset of the khap panchayat. The battle cry sounds loud and clear at Sisana’s cowshed, where community representatives — a bunch of retired men with wrinkled faces — converge around a hookah every morning and evening to discuss “policy matters”. When this correspondent visits, the “policy matter” up for debate is the recent court ruling. Dr Jaikishan, who is on the khap panel as a ‘social worker’, says the khaps feel aggrieved because “we are all of the view that if there are no khaps, crime rate will be 20 times what it is now. Young boys and girls will start marrying in the same gotra, they will play loud music, girls will wear skimpy clothes — everything will go haywire”. Court or not, says Jaikishan, “ban or declare us illegal, we will continue to function the way we do in the greater interest of our community”.

But shouldn’t khaps live by the law of the land, just like everybody else? Retired policeman Rajinder Singh, who is also on the community panel as a ‘social worker’ says the law of the land has to chime with community systems that have served well for centuries. “Jatland has a set of rules and laws, based on our centuriesold scientific tradition. People living here have to follow that. If they can’t, they might as well leave.”

Sunil explains community policing cleaves to a “modern outlook”, even as he emphasizes his own attributes “as a relatively young and educated member of the khap”. “It’s the Supreme Court which is orthodox and regressive as they are stuck to a century-old law book that was made by the Britishers,” he says.

Meanwhile, Dahiya khap has been experimenting with acquiring a modern look, permitting commercial spin-offs such as its own letterhead, special T-shirts, trophies and books. Recently, it became the first khap in 1500 years to have inducted women on to the panel.

But the change is admittedly cosmetic with Sunil

saying the women panelists are not meant to take decisions but convey messages. “They must tell their children how disastrous it is to marry in the same gotra. It becomes the responsibility of women members to keep children away from social evils.”

Here, in the heart of Haryana, defence of the khap system appears to have made its members fearless. Jaikishan says they will bring the law and science into their fight to rule with an iron hand. Any ban would mean a legal appeal, he says. “We will reason with them that our practice of not allowing same-gotra marriages has scientific basis. If they can consider the religious laws of Muslims, why can’t they allow our traditions? And if, God forbid, that is also rejected, we will go to Jantar Mantar and protest, or do whatever it takes.”

Interestingly, khap members express incomprehension about extending the right to appeal to their own community. Pratap Singh Pahalwan, 70, who heads Dahiya khap, declares that “khaps are for the people, by the people. They can never take a wrong or unfair decision. So there is no question of someone not obeying us. If someone does, he will have to face a complete social boycott — he will be left without business, property and family.”
 Is Times of India supporting Khap panchayat ?. Please read the following article!
CASTE & EFFECT

Clan to Klu Klux Klan? Why a ban won’t work


Afew years ago, Maharashtra’s Chitpavan Brahmins organized a community meeting in Pune. Standing under a huge cut-out of Parshuram, the chief guest told the 100,000-strong gathering about the glory of the mythical sage. The chief guest was Air Marshal Bhushan Gokhale, then vice-chief of the Indian Air Force. He attended in full uniform, all the better to remind his community that one IAF unit had Parshu, or the axe, as its symbol. The air marshal’s presence and remarks went largely unnoticed, except for mild protest from some Dalit groups about a senior air force officer attending a “blatantly casteist conference”.

It is a salutary story about the vice-like grip of caste on India. This is a country where people can change their religion but not their caste. Here, the surname is a social marker that reflects a mindset and lays down an unwritten code of conduct to follow. Manoj and Babli, a young couple in Haryana, dared to defy the code by falling in love and marrying. In the land of khaps, where same-gotra marriages are considered a sin, the couple joined the long list of young people who have been punished for their crime of passion. For years, the khaps have been wreaking havoc in the Jat belt — Haryana, Rajasthan and western UP — but it is only now that the Supreme Court has said these kangaroo courts are “barbaric and illegal”.

They are not about to go away so easily. Soon after the court’s order to “dismantle” them, 84 representatives of various khaps decided to file a review petition. They have also decided to stage an indefinite fast in Delhi during the monsoon session of Parliament. It is clearly meant to be a show of strength. Should the tussle result in banning them and effectively pushing them underground?

No, say some experts, because the law cannot change mindsets. Nonica Datta, author of “A Social History of the Jats”, says it is a “joke” for the state to ban the khap panchayat because “the khap panchayat in its recent avatar is strengthened by the very forces that claim to ban it”.

Datta, who currently teaches history at the University of Toronto, asks a significant rhetorical question: “What can the law do?” Then she answers it herself by offering the 1871 Criminal Tribes Act and the Sati Prohibition Act as good examples of legal instruments that were “misused to oppress the weak and strengthen the powerful”.

Datta may have a point. In India, caste and politics have a symbiotic relationship with both needing each other to reinforce their strength. Last year’s hue and cry over a spate of killings ordered by various khaps had the political class rushing to their rescue. Veteran Haryana politician Om Prakash Chautala justified the khap in the name of tradition and custom and the much-younger Congress MP Navin Jindal opposed action against them.

Political observers say this merely underlines a very real truth — that legal weapons cannot change the mindset that allows caste-based politics.

Dalit activist Chandrabhan Prasad doesn’t agree. He says a ban may help but it must be across the board. “All caste organizations play a negative role as they perpetuate the caste value system. Khap panchayats must be banned because they are not only deadly instruments of protecting ‘blood purity’ and form the backbone of the caste order, they are also terribly feudal and anti-democratic. Often, the constitutionally valid panchayati raj institutions also act as khap panchayats. They should also be banned.”

But Datta insists a ban may be reductive. “It may establish the rule of law, but it does not offer justice to the victims.”

She adds that a ban would also “criminalize the entire community” even as it proved unable to “address the permeation of violence in the civil society in any radical way.”

Sociologist Shiv Visvanathan agrees. “Modern democracy is not some purist concept that has to sanitize organizations. Khaps can still decide about rites of passage but must seek to operate within the constitutional framework,” he says, adding that a ban might simply drive “these organizations underground. Why convert a khap into a Klu Klux Klan.”

In defiant spirit, they seem a long way from that.
Source: The Times of India Dt 01.05.2011