Sisterhood triumphs over caste in Hisar The Hisar Rape Case Offers A Glimpse Of A Rural Society In Transition: Caste Hierarchies Have Endured And Yet Gradual Shifts Are Underway He sat at the back of the crowded bus, hiding part of his face with an angochcha, looking away at the passing countryside. But one glance and she knew it was him. She got off the bus, rushed home, told her elders. They made a call, and at the next stop, the police stood waiting to take the young man away.      And thus Baljeet, better known in Dabra as Sittu, one of the dozen-odd jat boys on the run after allegedly raping a 16-year-old dalit girl on September 9 and filming the act to blackmail her not to squeal, was finally arrested on Saturday. The case has roiled Hisar, the district of Haryana infamous for jat-dalit tensions. But in small mercies, Baljeet’s arrest — the first in the case — took place on information shared by a jat girl.      The college student prefers to be anonymous. Baljeet is her neighbour. So are the other boys still on the run. It is not easy to act against your own community, her mother explains, even if they are goondas. “But these boys should be punished,” says the girl. “She (the victim) was my junior in school. What happened to her could have happened to me. It could have been any of us.”      In the dalit quarter, not everyone agrees. “They would not have touched a jat girl. Aag lag jaati. They could only do this to a poor girl,” says Ommi, a young woman from the victim’s extended family.      According to the FIR, the girl had been forcibly picked up from the road and taken to a secluded spot near a canal, where seven boys took turns to rape her, while five others stood watching.      At the small brick house of the victim, a group of women have huddled around her mother, who sits statue-like, mourning what is a double loss — her daughter’s trauma and her husband’s suicide. She remembers the fateful afternoon when her daughter, a student of 12th grade, had stepped out to meet her granny, only to come back in the evening listless and subdued. “She didn’t eat for days, complained of fever. Her father finally sat her down and asked her what is wrong. When she finally spoke, he could not handle it. He consumed poison the same evening,” the mother narrates, her voice breaking. The girl’s father, 42-year-old Krishna, was a gardener and worked at the bungalow of a prominent, politically influential jat family.      In the dalit quarter, there is constant refrain of how some of the boys belong to powerful jat families — erstwhile zamindars, modern-day politicians —who are now trying to influence the investigation. “The assistant sub-inspector handling the case is a jat. Intially, he tried to fudge the facts, by inserting in the FIR that the girl was friendly with the boys and had gone with them willingly. But we ensured that he could not do that. Now, they are trying to falsely implicate other village boys who are innocent,” says Sanjay Chauhan of the Bahujan Samaj Morcha, a local group. The superintendent of police, B Sateesh Balan, denies this. “We have made another arrest. The young man is yet to be identified,” he says.      But the villagers claim the second boy to be arrested is from the Yadav community. “He is innocent. He was not even in the village when the incident occurred. He was with me in Udaipur, transporting material,” vouches Baljit Kumar, a dalit youth. “By arresting the wrong people, the police are spreading dushmanayi(enmity),” said a Dalit woman. “Already, we are living in fear,” she adds. The fear is not just of a backlash but also of a breakdown of economic ties. Dalits are landless and work in the fields of the jats. If tensions were to rise between the two communities, their livelihoods would be jeopardized.      While the incident shows how caste hierarchies have endured, it also offers a glimpse of the gradual shifts underway. In recent years, the region has seen a resurgence of dalit groups and parties like the BSP. Oustide the district headquarters, dalits from Bhagana village have been sitting on a strike, demanding access to the village’s common land, blocked by jats. Since last week, they have been joined by dalits from Dabra, who have been taking out candle-light processions in the city, protesting police inaction in the rape case. As TV cameras crowd the village, the young Dalits speak forcefully and articulately. “Earlier, our community would take all the injustices without a murmur,” says Baljit Kumar. “But the educated youth are no longer willing to cow down.”      If education has empowered young dalits, it has also created spaces of empathy among the jats. When it came to choosing between her schoolmate and her caste-cousin, the college girl who tipped off the police says she didn’t have to think twice. Source: The Times of India dt 27-9-12

HC lifts stay on campus hiring by PSUs

Says Recruitment Was Done Based On Merit And Following Roster System

The Madras high courton Wednesday vacated a stay on campus recruitments by public sector undertakings (PSUs) in private institutions and the Indian Institute of Technology, Madras. The stay was granted on a public interest petition which sought cancellation of the recruitment done by PSUs. 
    The first bench comprising Chief Justice MY Eqbal and Justice T S Sivagnanam, in its interim order, said that if the stay was allowed to continue, it would cause harassment to candidates selected before it was granted. However,thebenchsaid,for those appointed after the petition was filed, the matter would be decided only after the final order. “Much prejudice would be caused to candidates if they are not allowed to join the selected posts, since campus recruitment has been done based on merit and by following the roster system,” the bench said. 
    The bench cited an earlier order of the Kerala high court, which was subsequently upheld by the Supreme Court, on a petition filed by the Federation of Central Government SC/ST Employees (Kerala) seeking to quash the selection of management trainees by PSUs through campus recruitment.In itsorder on July 20, 2005, the division bench of the Kerala high court dismissed the petition holding that such campus recruitment would not offend Article 16(1) of the Constitution. On May 8, 2008, the Supreme Court declined to interfere with the high court order. 
    The PIL, filed by advocate M Palanimuthu, contended that PSUs, including Indian Oil Corporation, Isro and Hindustan Aeronautics Limited, could not disregard job notifications and reservation rules governing them and that no recruitment could be done without affording equal opportunity to all eligible candidates. The petitioner said holding campus recruitments in private institutions was against public employment policy and sought the cancellation of all such recruitments that had already been made. 
    As per rules,Palanimuthu said, recruitment in PSUs should be done only through employment exchanges or through public advertisements inviting applications from eligible candidates from acrossthecountry.By recruiting candidates directly fromcollege campuses of late, PSUs were not only violating rules but also unwittingly contributing to the demand for private educational institutions which organize such placement drives, the petitioner said. 
    Equal opportunity in matters of public employment should not be denied to candidatesentitledto participatein the selection process. This process cannot be confined only to educational institutions organizing campus placements, he said. 
    The petitioner had said his representation to the authorities concerned did not evoke any response, leaving him with no choice except approaching the high court for remedy. He wanted all state and Central PSUs to be banned from participating or organizing campus recruitments in educational institutions.

Source: The Times of India dt 27-9-12

National Shame-Shocking story

Caste bias against students in Delhi med college

 A comprehensive ennquiry by Bhalchandra Mungekar, Rajya Sabha MP, has found blatant caste-based discrimination against SC/ST students in Vardhaman Mahavir Medical College affiliated to Guru Gobind Singh Indraprastha University, Delhi.

    Mungekar, who was appointed commissioner of enquiry by the National Commission for Scheduled Castes, apart from making wide-ranging recommendations, has suggested that Rs 10 lakh be paid as compensation to student Manish and others towards court and other expenses. “The mental trauma that they were/are made to undergo is not measurable in terms of money,” Mungekar said in his report.

    He also demanded legal action under Prevention of Atrocities against SCs/STs Act against former principal V K Sharma, head of physiology department Shobha Das, principal Jayashree Bhattacharjee and Raj Kapoor, professor of physiology and a liaison officer for “resorting to caste based discrimination and neglecting the duties assigned to them, not by omissions, but by commissions”.

    The case relates to 35 SC students who appeared for the first professional examination in July 2010 and failed in the subject of physiology. Twentyfive of them failed again in the same subject despite the fact that many passed in other subjects. Mungekar said when students tried to meet college authorities, they were not entertained and had to resort to RTI to get information.

    It was found that one student’s mark in physiology was shown lesser in the marksheet than what he had actually got. But, he said, no action was taken against the head of the department Shobha Das who said it was a typographical error. Even liaison officer Raj Kapoor refused to entertain them.

    Students who failed in physiology requested the then principal V K Sharma to allow them to attend classes for the second year but were refused. The students went to Delhi high court which allowed them to attend classes but the college took a long time to implement the order. As a result, most of them did not have requisite attendance. Students again approached the HC requesting that they be allowed to take supplementary examination.

    Students were not permitted to appear for the examination to be held in November 2011. Again, Delhi HC intervened and asked the college to take students who had cleared supplementary in second year and factor in their attendance. But the college did not relent.

    More shocking was the revelation that four students of general category, detained for inadequate attendance, were allowed to take the examination.

Source: The Times of India dt 24-9-12

Med body for reservation in pvt colleges

Citing a statelegislation enacted in 2006 providing for reservation of seats for SC/ ST and backward class candidates in private medical colleges, a PIL has sought implementation of thequota regime now.

    The first bench comprising Chief Justice M Y Eqbal and Justice T S Sivagnanam has issued notices to the state and central government, returnablein four weeks.

    According to the PIL filed by theTamilNadustatebranch of the Indian Medical Association (IMA), the state had enacted the Tamil Nadu Backward, Scheduled Castes and ScheduledTribes(Reservation of Seatsin PrivateEducational Institutions) Act, 2006 and it was gazetted on June 7, 2006. The Act provides for reservation of seats in private educational institutions for candidates from SC/ST and backwardclasscommunities.

    Noting that it has become mandatory for all the private educationalinstitutionsto provide for reservation as specified in Section 3 of the Act, the IMA state secretary Dr J A Jayalal said that not only the admission, even the fee charged by them for reserved categories should be regulated as per theAct.

Source:The Times of India dt 11.09.12

Marginal representation of SC-STs in IITs

If SCs/STs are abysmally under-represented as faculty members in central universities despite the stated policy of reservation in promotion, their presence in premier IITs is equally marginal.

    The fact that there is no reservation in promotion in IITs makes it even worse leaving little room for them to occupy senior positions. IITs have reservation only at the entry level of assistant professor.

    While many IITs replied to RTI activist Mahendra Pratap Singh, IIT-Delhi and Bombay are yet to give response. Another query to the Prime Minister’s Office about social profile of scientists in the laboratories of Central Scientific & Industrial Research has not evinced any reply. IIT-Kharagpur, among the oldest, has only three SC professors, two associate professors and two assistant professors. There is no ST faculty member at all three levels. There are two OBC professors and seven assistant professors but no associate professor. But from the general class there are 227 professors, 105 associate and 165 assistant professors.

    IIT- Madras, among the best in its ilk, has three each SC professors and associate professors and four assistant professors. Again, STs are unrepresented in two categories. A lone ST is assistant professor. Even OBCs are not there at the level of professor and associate professor, but there are seven assistant professors. Considering that Tamil Nadu has been the hot bed of social movement, underrepresentation of marginal castes and STs is intriguing.

    Among the best in the world as civil engineering institute, Roorkee has only one each SC professor and associate professor. There are six SC and one ST assistant professor. OBCs are better placed in Roorkee with 11 each professors, associate professors and seven assistant professors. Among general category, there are 120 professors, 57 associate professors and 133 assistant professors.

    With representation so skewed in well-established IITs, new ones can hardly be blamed for not getting enough eligible SC/ST teachers.

Source:The Times of India

PETITION IN HC

‘Colleges create hurdles in students getting fee-waiver’

 The Tamil Nadu government’s schemes to reimburse education costs of first generation collegegoers from poor families and SC/ST students is being undermined by educational institutions, two PILs filed in the Madras high court said. 
    The first bench comprising Chief Justice M Y Eqbal and Justice T S Sivagnanam, before whom the PILs filed by D Sherin Asha of service organization Velicham came for hearing, issued notices to the state government and several educational institutions. 
    In the first petition, Asha said that the government came out with an order onApril 16, 2010 providing for reimbursement of education costs of a college student if he hails from a family whichhas never had a graduate. It implied that his tuition fees would be borne by the government, which would make the payment to the educational institution concerned. 
    Asha pointed out that the order whittled down the government’s intention by stating that the entire amount would not be reimbursed and said the fee was not being paid during admission. While colleges insist on the full payment of the fee at the time of admission, the government pays the sum only later. This delay results in several beneficiaries failing to avail themselves of the scheme, she said. She wanted the court to direct the authorities to pay the sum at the time of admission itself or direct the institutions to admit students without insisting on full payment initially. 
    In the second PIL, Asha named seven students, who had to pay a fee from 30,000 to 3.36 lakh for their engineering and medical courses. Though these students are eligible for reimbursements, they are unable to join the courses because the institutions said that they would be allowed only upon payment of full amount.

Source:Times of india dt 5-9-12

Cabinet clears SC, ST quota in promotions

     In an attempt to reach out to the Dalit vote and regain some political initiative, the government will try on Wednesday to pass a constitutional amendment bill in the Rajya Sabha aimed at securing unfettered reservation in promotion for the scheduled castes and the scheduled tribes. 
    The bill’s passage, however, hangs in suspense as the BJP — whose support is crucial for a constitutional amendment — is not keen on calling off its protests over Coalgate that have paralysed Parliament. The BJP plans to open its cards only on the floor of the House. 
    The Cabinet on Tuesday okayed in a jiffy the proposed change in the Constitution to undo a Supreme Court ruling that put a spanner in the “promotion quota” by requiring states to prove with quantifiable data that SCs and STs were backward and were inadequately represented in services in order to avail the quota. 
    The constitutional amendment’s success hinges on the BJP’s support and tranquility in the upper House as it has to be put to vote, requiring the presence of at least 50% of members and a two-thirds “yes” vote. 
WHAT’S THE FUSS ABOUT? 
Although guaranteed in the Constitution, SC placed 3 riders for quota in promotions for SC/ST – a) A state has to prove inadequate representation; b) Prove backwardness; c) Ensure administrative efficiency 
Cabinet seeking to rewrite Constitutional clause to make SC/STs automatically deemed backward, ensure proportionate quota in promotions and blunt efficiency clause 
Can this be challenged in court? Yes. In fact, A-G has already warned govt to expect legal challenge BJP under pressure to support politically correct Bill The BJP leadership met on Tuesday evening to consider its stance, but the party is under pressure to support a politically correct bill which, however, sits at odds with its instincts. The government’s move is intended to force BJP to lift its siege of Parliament over Coalgate while delivering Congress brownie points on the Dalit front. 
    The pressure of Dalit opinion was intense with BSP chief Mayawati calling on BJP leaders Sushma Swaraj and Arun Jaitley to seek their backing for the amendment to the Constitution. 
    Parliamentary affairs minister Pawan Bansal said it will be up to parties, particularly those who supported the move at an all-party consultation called by Prime Minister Manmohan Singh, to vote for the bill. 
    The decision to move the bill first in Rajya Sabha seems linked to the smaller number of nine Samajwadi Party MPs compared with 22 in Lok Sabha. 
    Bansal justified plans for a quick vote without discussion, saying the House needs to consider just a four-line amendment. In the case of the quota in promotions bill, all but SP are backing the proposal. 
    The legislation seeks to replace Article 16(4A), which enables the state to provide promotion quota for SC/STs, with a new formulation that would render irrelevant the need to prove backwardness and inadequate share in services. 
    The amendment also seeks to insulate ‘promotion quota’ from the effects of Article 335 that says quota policies should not adversely impact the efficiency of administration.

House nod to help fill 16,864 SC/ST vacancies at Centre

 If the proposed legislation, providing reservation to SCs and STs in promotions in government jobs, gets the mandatory Parliament nod, it will pave the way for filling as many as 16,864 vacancies in central services. These vacancies were supposed to be filled through promotion to SCs and STs, but pendency persisted in the absence of clarity in policy. 
    Officials in the ministry of personnel believe that the removal of term “inadequate representation” through amending the Article 16(4) of the Constitution will help clear those backlogs that had piled up for long. 
    Though vacancies exist under the direct recruitment category, the number of vacancies is more under the promotion category of the SCs and STs in the absence of “qualifying data” on the basis of such promotions could be granted. 
    “The legislative action will now obviate the need for qualifying data. It will end uncertainties with regard to methodology for deciding the promotion. It will be easier for the government to fill the backlogs,” said an official. 
    Government statistics shows that 7,500 vacancies of SCs were filled in central jobs from November, 2008, to January, 2012, as against the vacancies of 14,110. Similarly in the case of STs, only 6,667 posts were filled through promotion as against the vacancies of 16, 921 during the period. 
    Official figures show that the number of vacancies under the promotion category for SCs and STs has consistently been on the rise because more people from these groups had joined the central government jobs over the years. As against 13.17% SCs and 2.25% STs in central services as on 1 January, 1965, their representation has now increased to about 17.15% and 7.16%, respectively.

source: The Times of India dt 5-9-12