Killings of Dalit Pastors in AP and Telangana


KILLINGS OF PASTORS IN A.P. AND T.S. 2004 – 14  

(Only some incidents collected from different sources are mentioned below)  

Hindu activist admits to killing two pastors in 2005   On 24th May 2005, Pastor Isaac Raju from Hyderabad was asked by two persons, named Govardhan and Satya, to accompany them to the main road. He went without hesitation as they had earlier called him to have a prayer in their house but had failed to come to take him there. Later the pastor was found beheaded, his body cut into many pieces and defaced with acid. The body was found in a jute sack in a cemetery. There has been no progress in this case. The case filed in Toli Chowki police station is still pending. On 19th May 2005 the brutal murder of Pastor Daniel, who lived in Asif Nagar, on the outskirts of Hyderabad. Friday, 24 June 2005 (Deccan Chronicle): Hindu Vahini activist Goverdhan has confessed to murdering two pastors of Hyderabad. The special operations team of the Cyberabad police took Goverdhan to Shamshabad and Golconda on 24 June 2005 to reconstruct the sequence of the crimes. Pastor K Daniel (35), a resident of Asifnagar, was found murdered at Shamshabad on 20 May 2005 and the body of Pastor Isaac Raj (55), a resident of Raidurgam, was found at Golconda on 25 May 2005.Goverdhan, an autorickshaw driver, who stays at Joshiwadi in Mangalhat, told the police that he was an activist of Hindu Vahini, a fundamentalist organisation. Two other persons, Satyanarayana of Kukatpally and Ganesh of Karimnagar, had helped Goverdhan carry out the killings. The Police are on the lookout for both of them. “It was religious fanaticism which drove them to the murders,” said an investigating officer. “There are no other motives”. The Police said both the pastors were killed at the same spot. Goverdhan knew them since they had held prayer meetings in his locality. “We haven’t questioned the leaders of Hindu Vahini so far,” said the investigating officer.   The police have not yet found any link between the killing of the two pastors in Hyderabad and the murder of Pastor Yesudas in Karimnagar. “We will get a full picture after arresting the other two persons,” said a police officer. The office-bearers of Hindu Vahini denied having anything to do with the killings. Hindu Vahini regional secretary K Trivikrama Rao said the outfit had nothing to do with the murders. “The Police are torturing our activists,” he said. “It is a deliberate ploy to crush Hindu organisations. The cops took away our leaders Surender and Goverdhan to torture them. They are forcing our activists to confess to the killings,” he added. Andhra Pradesh Chief Minister YS Rajasekhara Reddy announced an ex gratia of Rs 3 lakh each to the families of the two pastors murdered in Hyderabad. He also promised other relief measures to the families “who are struggling to come to terms with the loss of their bread-winners”.   4th Pastor to be martyred in just over the past year in 2006 On 9th July 2006, Pastor Prem Kumar of Kotagiri, Nizamabad district, was found brutally murdered, in an open place near the town. He was invited for a prayer meeting and on his way he was brutally murdered by smashing his head with stone. The FIR is filed at Kotagiri Police station & received by Sub Inspector of Police Ch.Anjaneyulu on 09-06-06. The body of 67-year old Pastor Prem Kumar, a 67-year-old preacher from the Church of South India, was found Thursday, June 8th in a forest in the Nizamabad district of Andhra Pradesh state. Pastor Kumar was contacted by a young man requesting that Kumar lead a prayer service in the village of Rampur Thanda. Pastor Kumar was attacked with stones and boulders and his head was crushed beyond recognition. Kumar is the fourth church leader to have been murdered in Andhra Pradesh state in just over a year. The May 2005 murders of Pastor K. Daniel, who was found brutally mutilated in Hyderabad after his attackers poured acid on him, and Pastor Isaac Raju, who was wrapped in a jute bag and dumped behind bushes in the Golconda area outside the city, took place under similar circumstances. Both men were lured to a remote location in a similar manner to Pastor Kumar. The men arrested for the murders publicly admitted their opposition to the alleged conversion activities of the two pastors.   Pastor Pastor Goda Israel Killed in 2007   Pastor Goda Israel (29) was found murdered on Feb. 20, 2007 in a canal near his home in Pedapallparru, Andhra Pradesh. Pastor Israel, who supervised 15 churches, went missing following a prayer meeting on Feb. 17. It is reported he did not come back from the prayer meeting. The family and church members informed local police station. It is reported Israel had been threatened by Hindu militants earlier because of his involvement in preaching gospel in the region. Israel leaves behind a wife and small children.   Catholic Priest Fr Thomas Pandipally Killed in 2008     The tortured and disfigured body of a Carmelite priest was reportedly found in the Yellareddy area of Naxalites-infected district of Nzamabad in Andhra Pradesh on Saturday, August 16, 2008. The body of Father Thomas Pandipally CMI, 37, a member of Carmelite of Mary Immaculate, as found when people waiting for Sunday Mass in a village began a search after the priest failed to turn up. On a way side in Yellardy they found his body with legs and hands crushed with sever beatings, and eyes were pierced with a sharp weapon. He is believed to be killed on Saturday night. His motor bike was also found abandoned. The body was found almost a kilometer from the motor bike that he used. His head and also had serious injuries. The body was found in a deserted area in Balampilly village. On Saturday he reportedly offered a Mass Burgida village, where he stayed and started for another village to say Sunday Mass. On his way he visited an FCC convent in Lingapetta and had his supper. On Sunday the sisters were waiting for the priest for the mass in Yellareddy, and not finding him there initiated a search. A Post mortem was conducted and the burial would be at the Balampilly Provincial house on Wednesday morning. The priest was actively involved in educational field. He joined the Chanda mission of the CMI on 24th June 1987. He was ordained a priest in 2002. He was the rector for the Chanda mission province of the CMI, and also worked as hospital administrator, school manager and mission centre director.   Murder of Pastor Rev. B. Sanjeevulu in 2014   On the afternoon of January 11, 2014 four men visited Pastor Rev. B. Sanjeevulu’s home in Vikarabad of Ranga Reddy district, a village that is 64 kilometers from the state capital of Hyderabad, who served a group called the ‘Friends of Hebron’. The men said they wanted to “pray with the pastor,” but as soon as he came out of his house, they stabbed him several times and beat him with clubs and sticks. On hearing screams, Sanjeevulu’s wife rushed to him, where upon the attackers tried to kill her as well. Although she was stabbed, she managed to escape and survive. The pastor was admitted to Yashoda hospital in Hyderabad where died on the afternoon of Jan. 13, 2014 from his stab wounds.     Compiled from various sources by: Rev. Fr. Dr. Anthoniraj Thumma, M.A. (Soc.), M.Th., Ph. D. Executive Secretary, A.P. Federation of Churches – APFC (Ecumenical) Deputy Secretary, A.P. Bishops’ Council – APBC (Catholic) Regional Director, APBC Commission for Ecumenism and Dialogue.

HRF Submission to NHRC on Sheshachalam and Alair fake encounter killings


                                       23-4-2015

To
Justice Shri K.G. Balakrishnan                                                            Hyderabad Chairperson National Human Rights Commission   Sir, Sub: Killings by police of 20 labourers in the Seshachalam forests of Chittoor district, Andhra Pradesh and five undertrial prisoners near Alair in Nalgonda district, Telangana on April 7, 2015—seeking criminal prosecution of police personnel responsible—regarding.   The Human Rights Forum (HRF) is a citizens’ forum established with the objective of working for protection of constitutionally guaranteed/internationally recognised rights of the people and for the right of the people to propose and strive for new rights not yet recognised in national or international law. The right to a wholesome and dignified life is the touchstone for the rights that may be aspired for. We are concerned with, among other things, ensuring that the agencies of the State, like the police, adhere to the law in the discharge of their duties. We believe that citizens must be tried and punished, if found guilty, only in accordance with a procedure laid down by the law of the land and no one can be subjected to extra-judicial liquidation by the State. That would be contrary to Articles 14 and 21 of the Indian Constitution. The death of 25 persons on April 7 in Andhra Pradesh (AP) and Telangana (TS) in alleged encounters has led to much disquiet across the nation. However, the police averment that the killings are the result of “firing in self-defence” is in serious doubt. Seshachalam: In respect of the Seshachalam killings, the highest number killed in any single “encounter” in these two States, we were pleasantly surprised by the NHRC’s direction to the Andhra Pradesh government to constitute an inquiry by a judicial first class magistrate under Section 176 (1A) of the Criminal Procedure Code. The Commission has also asked the government to submit the names of all police and forest personnel of the Special Task Force who were involved in the alleged encounter. The AP police were also cautioned against tampering with any evidence or documents and were also asked to keep all weapons used by the STF and by those killed in safe custody. However, these directions, though timely and highly welcome, do not meet the full requirement of the law. For that to happen crimes against citizens must be fully investigated and those engaging in criminal acts must be punished by law. In the Seshachalam case, the HRF has, as it does in most cases of “encounter” killings, constituted a fact-finding team to look into the veracity of the police claim of “firing in self-defense”. Apart from a visit to the two sites, located close to Tirupati, where the bodies were found, we also met with relatives of seven of the deceased labourers in Dharmapuri district of Tamil Nadu. The STF version is that before day-break on April 7, two of their combing parties of about 20 men came upon well over 100 smugglers at Satchinodibanda and Cheekateegalakona in the Seshachalam sanctuary of Chandragiri mandal, Chittoor district. The official version is that the smugglers were carrying red sanders logs and when asked to surrender they attacked the STF with sickles, stones, axes and country-made weapons. This forced the STF personnel to resort to ‘random firing’ in self-defence resulting in the death of 20 smugglers while the rest fled. It is our considered opinion that the incident is a case of deliberate and cold-blooded murder by the STF. A perusal of the two sites where the alleged encounter took place is enough to demolish the police version. In fact, the site visit only confirms what almost everyone thought about the Seshachalam incidents: That they were plainly murders by the STF. The two sites are Sachinodibanda, where 11 labourers lost their lives and Cheekatigalakona, about a km away, where 9 labourers bodies lay. The 2 spots are about 20 km from Tirupati and close to Srivarimetta. Both sites are clearings, and more or less accessible from a kutcha and jeepable road.  At both places there was clearly no evidence of the “deadly attack” on the STF by smugglers forcing the former to resort to firing in self-defence. The bodies, from what we were able to reconstruct, were strewn across a radius of about 10 to 15 meters at both the spots. There is absolutely no evidence of any stray bullet pock marks in the area, either in the sparse shrub that dominates the landscape or the sand and clay mounds. Not a single bullet hole. This was fantastic precision shooting in the dark by the STF. Every single bullet found its mark! There was no scattered blood marks as one would except from random firing. No spatter of blood except a thick patch where the bodies lay indicating that they were shot at close range and immediately collapsed and died on the spot. According to media reports quoting a doctor who conducted the autopsy and several others who had seen the bodies, most injuries were on the upper and frontal portion of the bodies. There were also many exit wounds indicating short range firing. There are barely any stones at Satchinodibanda. But going by the STF version, the smugglers were carrying a very heavy load and throwing deadly stones and sickles at an STF party — armed to the teeth with automatic weapons — which had to resort to extremely aggravated firing resulting in the death of 20 persons! The other smugglers, it was stated, managed to flee. The bodies were not lying among the shrub or spread all over the space, as one would expect in a random encounter. They were very found lying next to each other, conveniently, in two clearings inside the forest with logs by the side. This was evidently done to create the impression of veracity. Which raises the question: Whatever happened to the other logs those who escaped were said to be carrying. Surely, they could not have managed to escape with such heavy loads? Also, most of the red sanders logs found next to the bodies had markings that indicate they were from an earlier seizure. They certainly did not have the look of logs recently felled. The NHRC has recorded testimonies of three persons, Sekhar, Balachandran and Illangovan, who have come forward with very convincing versions about how their relatives and friends were picked up by police on April 6, the day before the alleged encounter. Their testimonies reveal that most, if not all of the 20 deceased were in detained by the police the day before. Their accounts totally demolish the police concoction of an encounter. In all, what was evident at both the spots was that the labourers were shot at from close range in two groups of 11 and 9. This was no spontaneous shooting in self-defence but a calculated pre-meditated execution by the STF. Also, all 20 labourers were poor and by no stretch of imagination “well-heeled smugglers” as is being made out by the police and sections of a very unethical Telugu media. While 12 of them are from various villages in Tiruvannamalai district, seven are from Dharmapuri district and one is from Salem district. HRF visited the village of Balachandran. He is resident of Arasanatham, a village amidst the Kalrayan Hill Forest in Papireddipatti panchayat of Dharmapuri district. All residents are adivasis belonging to the Malayali tribe listed as Scheduled Tribes in TN. (In fact, 13 of the 20 deceased labourers are STs, belonging to the Malayali tribe). According to them, Balachandran had gone along with his father Harikrishnan and six others from the village on April 5 for work. The next day, as they were waiting for a bus, Balachandran went to get a drink at a government liquor shop and hence missed the bus in which the others left. He was later informed by one of the labourers that the group was taken into custody and he had better go back. Balachandran then told his brother Prabhakaran that he was returning and they both contacted an advocate in Tirupati who said she would apply for bail and asked them to get the necessary identity cards etc. They were in the process of collecting them in the village and leaving for Tirupati when they learnt that the 7 were killed by the STF.  The HRF is of the view that in all such ‘encounter’ cases, following upon the very report of the police officer who has committed the killing and who thereupon goes to the local police station to give his report, a case of culpable homicide amounting to murder and other appropriate sections of the IPC has to be booked against him as well as all members of the police party, if any, that he was part of. Further, the case has to be investigated fairly and impartially by an agency as independent as possible of the perpetrators of the offence; and the final decision whether life has been taken or injury has been caused by them in permissible circumstances that would exonerate them has to be that of a competent Court and not that of the executive, namely the police themselves, much less the killer himself. NHRC’s Recommendations: While saying this, we are not indulging in any novel interpretation of the law. In fact, the NHRC while dealing with a complaint on encounter killings in Andhra Pradesh issued clear directions to the AP government on November 5, 1996 stating as much. The relevant portion of the Commission’s recommendations on that occasion are: “i) As the information furnished to the Police officers in charge of the respective police stations in each of these cases is sufficient to suspect the commission of a cognizable offence, immediate steps be taken to investigate the facts and circumstances leading to the death of the PWGs, in the light of the elucidation made in this order. ii) As the police themselves in the respective cases are involved in perpetrating encounter, it would be appropriate that the cases are made over to some other investigating agency — preferably the State CID. As a lot of time has already been lost, we recommend that the investigation be completed within four months from now. If the investigation results in prosecution, steps for speedy trial be taken. We hope compensation would be awarded in cases ending in conviction and sentence.”  These directions were considered to be of general applicability and accordingly were communicated by the then NHRC Chairperson Justice MN Venkatachalaiah in his DO letter dated 29 March 1997 to all Chief Ministers of States to be followed in all cases where deaths were caused in police encounters. It was clearly stated that if an encounter death is not justified as having been caused in exercise of the legitimate right of private defense, or in proper exercise of the power of arrest under Section 46 of the Criminal Procedure Code (CrPC), the police officer causing the death would be guilty of the offence of culpable homicide. Whether the causing of death in an encounter was justified as falling under any of the two conditions could only be ascertained by proper investigation.  Regretfully, this lawful procedure is not being followed in Andhra Pradesh.  The practice of the police in AP, as in other parts of the country is to register only a single FIR. Principally, it relates to Section 307 of IPC relating to attempt to murder by the now deceased along with various other sections of the penal code. The contention of the police is that this single FIR is sufficient for recording both the offences, namely the offence of attempt by the deceased on the life of the police and the offence of killing of the deceased by the police. This is an untenable practice that is plainly contrary to legal procedure. We feel that every such incident must be registered as two crimes under Section 307 and 302 of IPC respectively. The first is a crime of attempt to murder by the now deceased and the other a crime of culpable homicide amounting to murder by the police purportedly in self-defense. The burden of establishing a preponderance of probabilities in favour of the exception relating to self-defence to a competent court rests upon the police personnel who have fired causing death.  Investigation must be done into the case of killing by the police in purported self-defense. To come to the conclusion that there is no sufficient reason to investigate is to accept at face value the killer’s version. This is impermissible in our view since it would not meet the requirement of just, fair and reasonable procedure under Article 21 (Right to Life) of the Constitution. Under no circumstances must police personnel escape judicial determination of their criminal culpability. We recall that following the tragic killing of two forest officials – David Kumar and Sridhar by alleged red-sanders smugglers on December 15, 2013 in these very Seshachalam forests, the police immediately lodged an FIR under section 302 of the IPC and sections of the Indian Arms Act, apart from several provisions of the AP Forest Act and Biological Diversity Act. Over the next several weeks and months over 350 persons were arrested of whom a large number are still in prison. While the law takes its normal course, and quite rightly so, in such a case, with regard to the deaths of April 7, there has been no such “abiding by the law” on the part of the AP police. The FIR lodged at the Chandragiri police station only notes section 307 (attempt to murder) by the now deceased along with several other sections of the Indian Arms Act, AP Forest Act and Biological Diversity Act. This FIR contains patently absurd assertions, inconsistencies and a litany of falsehoods. Glaringly, there was no registering of a 302 (murder) against those STF personnel who participated in the alleged encounter. (Now of course, following a complaint from Muniammal, wife of one of one of the deceased Sasikumar, the Chandragiri police have registered cases of murder and kidnap. But even this is ambiguous as the FIR states “unknown persons”).   Undertrials: Over the past several years there have been widespread arrests of well over 2000 persons accused of cutting down and transporting red sanders. Needless to add, a majority of them are those from marginalised and poor sections and mostly from TN. Not many of them have managed to obtain bail. A large number of them are lodged in the Central Prisons at Kadapa and Nellore, the Chittoor District Jail and the Special Sub-Jail, Tirupati. A few are also in the Rajahmundry Central Prison. In fact, it is common knowledge that it is the labourers who are the principal targets of the State’s anti-smuggling operations while those further up the smuggling chain including very powerful persons are left untouched. Alair Killings: The killing of 5 persons in an escort van by the police at Kandigedda Thanda near Tangutur village on the Warangal-Nalgonda border in the limits of Alair police station (Nalgonda) needs no detailed explanation. It is a brazen liquidation of five unarmed Muslim undertrial prisoners eliminated enroute a court hearing in Hyderabad in broad daylight on a prominent National Highway in Telangana. The police story is that one of the undertrials asked the vehicle to be stopped for a toilet break. Upon getting back into the vehicle he grabbed a rifle from a policemen and fired some rounds at a sub-inspector who, however, managed to escape. Following this, the other policemen, sensing immense danger, opened fire resulting in the death of the five undertrials. While there were strategically placed logs in the Seshachalam case, here it is an INSAS rifle planted on a person firmly chained to the bus seat! The pictures of this incident are self-evident. It is plausible that a genuine encounter could be like the one at Janakipuram under Mothkur police station in the same Nalgonda district a few days before (April 4) during which a constable died on the spot and an SI later on in hospital and the two persons with alleged terror links responsible for their deaths were also shot dead. We believe the April 7 killings at Alair were in the nature of revenge for the death of four policemen in all during the preceding week in the same Nalgonda district. In fact, the deceased were apprehensive they would be liquidated and one of them had even petitioned the court asking to be shifted to Hyderabad as they feared they would be killed enroute while being taken from Warangal. What is striking about both these extra-judicial massacres is that the police of AP and Telangana are not even making too much of an effort to put out a plausible story to explain such a large number of dead. This is a brazenness that can only come from clear sanction from the political establishment. Invariably, the police narrative is the same — that the duly handcuffed person asked to answer call of nature, then proceeded to grab the gun of the escort policeman and in self-defense had to be shot! This is not the first time that the police have liquidated persons in judicial custody while being escorted to court and subsequently put out such ludicrous stories. The NHRC has itself considered complaints by the HRF in the past in respect of such killings in Kurnool and Guntur districts of Andhra Pradesh and even recommended compensation to the families of those killed. But the brazenness of the Alair killings is a first. This was a daylight murder of five undertrial prisoners on a National Highway between Hyderabad and Warangal (NH 202 from Hyderabad to Bhoopalapatnam in Chhattisgarh). HRF does not believe that these killings are the result of some trigger happy policemen but that they are part of a calculated operation having clearance at the highest levels. The police are only as lawful or lawless as the political dispensation wants them to be. And State impunity is a matter of extreme concern. Time and again, police personnel have escaped judicial oversight for plain murder. We are a democratic, civilized nation, not a police State where those endowed with the responsibility of investigating crime and maintaining public order can merrily escape judicial scrutiny. Such staged encounters mock at the rule of law and constitute a gross violation of the right to life, a tenet enshrined in the Indian Constitution as well as international human rights law. In view of the above, we pray that the Honourable Commission may, in the interests of justice: —- Direct the governments of Andhra Pradesh and Telangana to file cases of culpable homicide amounting to murder and other appropriate sections of the IPC and relevant sections of the SC, ST (Prevention of Atrocities) Act, 1989 against all police personnel responsible for the wanton and deliberate killing of 25 persons in both these “encounters.” —- Since it is the STF personnel in AP and the police in Telangana who will be the accused, the criminal investigation into the case must be handed over to an agency as independent as possible of the perpetrators of the offence. Either the CBI or a Special Investigation Team monitored by the Supreme Court must be handed over the cases for there to be a credible investigation. A magisterial or judicial enquiry is no substitute for this lawful process. We therefore urge upon the NHRC to recommend this to the AP and Telangana governments. This would be in accordance with the spirit of the NHRC’s 1996 order. —- Call upon the Andhra Pradesh government to see that judicial officers visit the prisons where the undertrials accused in offences relating to red sanders smuggling are languishing and release those prisoners who have already undergone detention for half the maximum period of imprisonment their offence prescribes under law. This would be in line with the Supreme Court’s order of September 5, 2014 with regard to Section 436-A of the Criminal Procedure Code. —- Recommend to the governments of AP and Telangana modalities for payment of substantial compensation to the families of the 25 killed. —- Issue concrete suggestions to the local judiciary regarding the taking into cognizance suo moto of “encounter” killings as cases of murder under section 302 IPC. —- Constitute a special investigating team of the NHRC into both these cases and as a first step visit the sites where the alleged encounters took place.  

Yours truly  
VS Krishna ( HRF general secretary AP and TS)                                                              S Jeevan Kumar  (HRF president, AP and TS)    

Happy Bhim Jayanthi to all !!


 
Dear Brothers and Sisters,
Namo Buddhay!

Wish you all – Very happy Dr. Ambedkar Jayanti – 14th April, 2015.
Let us strive this year and onwards for fulfilling His Wishes. His Wishes to complete the – Counter – Revolution initiated by Him on the Auspicious day of Ashoka Vijayadashami i.e. on 14th October, 1956.
This Counter Revolution is meant for the Buddhist Country. And it is in true sense – THE RULE OF THE NATIVE PEOPLE ON INDIA.
This is the true greetings to Baba Saheb Ambedkar. We must take an oath for it.

How a Brahmin becomes Prime Minister of India
————————————————————-

1. A Brahmin, in the name of Brahmin, can not become the Village Pradhan.
*  Because he does not found in numerous villages. So, there is no question to become  the  Village Pradhan.
*  And in numerous villages, his  2 to 3 OR 5 -6 families live only. So, he can not become a Village Pradhan.

2. But in the name of HINDU, he becomes not only a Village Pradhan but also the Prime Minister of our country.

                      QUESTION IS THIS HOW
                     ———————————
1. For example, consider a village in which many castes are living. Such as Chamar, Ahir, Valmiki, Gurjar, Thakur and Brahmin.

2. If the Chamaras held a meeting in the village – The head of the Meeting will be a Chamar.

3.  If the Ahirs  held a meeting – The head will be a Ahir.

4. Likewiese, if Brahmins held a meeting – The head of the meeting will be a Brahmin.

5.  Now, consider that the meeting is being held of HINDUS. In the name of Hindu, all castes persons will assemble at one place i..e Chamaras + Ahiras + Valmikies + Gurjars + Thakurs + Brahmins etc.

6. Who will be the HEAD OF THE MEETING  – Answers is a Brahmin. Thus, in the name of HINDU, he becomes the LEADER of all the castes. In this way on the National Level He becomes the Leader of all.

7. And becomes the Village Pradhan to Prime Minister. Thats why, He says – Garv say kaho , hum hindu hain. Hamay hindu hone ka garv hai. i..e Say proudy that we are Hindu. We are proud of to be Hindu.

8. SO, AS LONG AS OUR LEADERSHIP IS IN HIS HANDS, HE WILL RULE INDIA.

9.  THIS IS OUR ROOT PROBLEM. WE LACKS IN TWO THINGS – ORGANISATION + GURU. BUDDHISM IS THE ONLY SOLUTION FOR IT.

10. SO, BE BUDDHIST AND RULE INDIA. BECAUSE , WE ARE BORN TO RULE.

May Lord Buddha bless you all happiness and success in your mission !

Bauddhacharya & Philosopher,
DP Bauddha 

Reply to Justice Markandye katju


Recieved this message from in a  WhatsApp group

Markandye Katju, Justice, Supreme Court (Retired) today again wrote against Reservation to SC/ST and OBC on his facebook page. To which I replied (commented) very strongly. My reply to him was as follows :-
Dear Sir! You are talking like a rascal brahmin here (this is the language of katju saheb, he used rascal for gandhi many times) who along with some other higher caste hindus are responsible for perpetual practice of caste system in India. Through this post you have just revealed poverty of your thought, ugly prejudiced state of mind and highly immature understanding and knowledge on the concept of reservation even the correct datas. Till now I always respected and supported you but today you have reminded me the story of the coloured jackal who is just trying to match his voice with other jackals i.e. antiresrevationists. Before expressing your great views on reservation you must read the history of reservation first, its object and philosophy, etc. You must read Aristotle on equal laws for equals and unequal laws for unequals. You must read Dr. B. R. Ambedkar’s relevant works and opinons on reservations. Our leader Dr. Ambedkar never demanded reservations in jobs and admissions dear sir. But he only demanded fair representations in the entire system of governance and administration but rascal M. K. Gandhi, the then leader of rascal caste hindus cheated Dr. Ambedkar under the Poona Pact which everyone knows well. And you also know that today’s reservation system is the result of that compromise formula. We only wanted separate electorates and nothing else to solve all our problems but rascal gandhi and his gang cheated our leader. Even today we want 0% reservation but the condition is that you do 100% justice with us. Otherwise adopt the policy of 100% reservations if you have enough courage. Reserve all the seats according to the ratio in the total population. Today higher castes are about 15% so their 15% seats will be reserved for them and they will not be allowed to occupy 51% seats as it is happening now. At present OBCs are 54% of the population so they will get 54% reservation. Likewise Brahmins are 3% of the population, their 3% seats will be completely entact and reserved for them. You must be knowing that this model is being followed in Belgium very successfully. Our country is having system of democracy not meritocracy. And you know well that democracy is based on fair representation of all classes and communities. It is not based on privilege oriented merits. You just ensure true and fair representation of our people in all walks of life and we ourselves will do away with rather blow up this bloody reservation. If you go by the data 94.01% judges in Supreme court and high courts were brahmins or equivalent higher castes, 79.04% class l and class ll officers from brahmins and other higher castes, more than 89% professors, lecturers, readers etc in all govt central and state universities from brahmins and other higher castes, 86% in media and press from only higher castes, more than 80% land holdings including other resources and means of production are with higher castes only. The total strength of sc, st and obc employees in central and state govt jobs is less than 21%. Plz show me where is democracy. Justice Sawant rightly said that Indian democracy is a fake democracy. Will you give us financial help from your salary…??? In my state sc students of high schools were entitled to get stipends of Rs. 100 but out of that 100 rupees almost 70-80 rupees were grabed by the headmaster, teachers, peons and other staffs at Block levels. Stop entertaining these cheap and childish ideas of financial assistance. You talked about inefficient sc/st doctors and engineers. Then I must reply you that the doctors who left towel and scissors in stomach after surgery were not from sc/st categories. The bridges and buildings which collapsed were not designed by sc/st engineers. Those duffers and headless chickens who are taking admissions after paying lakhs of donations in 5 star colleges are not from sc/st and obc category. If you are so efficient, talented and meritorious then why there are lakhs of pending cases in HCs and SC and district level courts where you are in majority…??? And why don’t any of your university come within 200 top universities of the world if you are so meritorious and bright like gold and platinum. Being retired sc judge kindly stop telling lies that sc studentd are passed by oral orderd or phone calls, it does not suit to you dear sir else I will remind you Vardhman University case and many others where sc/st students were deliberately failed for many years in which all concerned persons were found guilty and got convicted also. I myself have seen that how sc/st candidates are interviewed at the last and given very poor marks even after securing good marks in written and replying most of the questions rightly in interviews in UPSC, SSC, Banking etc. On the other hand higher castes candidates are asked to recite Gaytri Mantra or some famous sanskrit shlokas from Gita, Ramayana etc. and given final selections. I personally know one such guy who told me that ” one interviewer asked me after seeing my title- Brahman ho kya? I replied- yes. Then he asked- Gayatri mantra aata hai? I replied- yes. Thik hai to sunao. After listening Gaytri Mantra he said- thik hai jao.” And that boy was selected. Sir! You kindly don’t try to teach us how to walk erect. It does not suit to the paracite class privileged people. You also know very well that this huge country is resting on our shoulders only as we the sc, st and obc constitute the large workforce of this country. So Kindly stop acting like coloured jackal else I’ll regard you like other rascal brahmins who have always done injustice with sc/st, obc, women etc. One last request- must read Dr. Ambedkar’s complete works to truly understand the grievances of sc, st, women and other backwards of this country.

The Greatness of Mahatma Jotiba Phule


Originally posted on Dr B R Ambedkar's Caravan:

An Introduction:

In India, Maharashtra a state with cultural heritage and is also land of social thinkers, social reforms and social revolutionaries who have not only molded and enriched all facets of life of Maharashtra but have also made singular contribution to growth and development of India .In this website of the great social reformer – Mahatma Phule, contempory of KARL MARX, we have the “patria protesta” of the Indian social revolution and the first leader of peasants.

Mahatma Jotiba Phule Mahatma Jotiba Phule

In those days there was a conflict between the rationalist and the orthodox. His period can, therefore, be a aptly described as the dawn of revolution in the history not only of Maharashtra but of the country as a whole in the various fields like Education, Caste Systems, Agriculture, Economics, Women and widow upliftment , Human Rights, Untouchability ,Social Equality.

Check also – Mahatma Jotiba Phule and Savitribai Phule’s…

View original 2,908 more words

Book police under 302. Human Rights Forum demand on sheshachalam encounters


 The Human Rights Forum (HRF) demands that the police personnel who participated in the alleged encounters on the Warangal-Nalgonda border in Telangana and the Seshachalam forest near Tirupati in Chittoor district of AP resulting in the death of 25 persons today be booked under IPC 302 (murder) and other appropriate sections and criminally prosecuted. The criminal investigation into both the cases must be handed over to the CBI.  HRF believes that five undertrial prisoners who were unarmed, in handcuffs and under heavy escort were shot dead by the police while enroute Hyderabad for a court hearing. Going by preliminary reports, we also think the Seshachalam deaths were not the result of the STF resorting to the firing in the face of a serious threat to them from red-sanders smugglers but because the police shot to kill without sufficient threat. We recall that last year the STF shot dead 11 persons (5 in Kadapa district and 6 in Chittoor district) in several fake encounters in the Seshachalam forest. In all those cases they took the extra-judicial option even though in most of them they could have easily apprehended those who were cutting down the red-sanders. HRF would be soon conducting a comprehensive fact-finding into the Seshachalam killings. The police simply cannot wash their hands off after declaring that they were under attack and they had to fire in self-defence. Whether there was a justifiable plea of self-defence is a matter to be decided by the courts and not the police. The law will not have it any other way.  

VS Krishna
(HRF general secretary, AP and TS)
S.Jeevan kumar
(HRF president, AP and TS)

Two Day National Colloquium to deliberate On “Transcending Identities and Ideologies to Assert Human And Constitutional Rights” Of the DAMNed Communities.


Two Day National Colloquium to deliberate On “Transcending Identities and Ideologies to Assert Human And Constitutional Rights” Of the DAMNed Communities.

Dates: 27th – 28th April’2015

Venue: Sarvodaya Ashram,

Dharampet Chowk, Near Bhole Petrol Pump

Amravati Road,  Nagpur– 440 010, Maharashtra State

Organised by:

National Alliance of Dalit Organisations (NADO), 202, Prithvi Complex, Street No. 8

Habsiguda- 500 007, Telangana State

E-mail: nationalalliance2007@gmail.com

Background and Context:

During the 10 years of UPA, we saw a number of enactments; like NREGA, RTI, RTE, MS, LAA, NSSA, FRA, NFSA and DVA to name a few. Some of them certainly focussed on the interests of the Dalit, Adivasi Minority (MBCs), Nomads (DAMNed) communities.  However, there was also the SEZ Act, which infringes not only on the livelihood and habitation rights of the people but also on their      self-image and identity.   In spite of the several pro-people legislations enacted by the INC,  the people voted it out  as they believed that the Government was in fact working to safeguard the corporate interests at the cost of the abovementioned groups, no matter the protestation to the contrary by legislations.

The present NDA government which came to power promising ‘Good Days’ to the people, seems to be undermining even the formation of those legislations in toto. Ever since the present Govt was seated in power, we have seen what it tried to do with the NREGA, the labour laws and what it is doing with the revised Land Acquisition Act of 2013, which was enacted on the demand of the people, represented by several people’s organisations across the nation. Looking at these ways     one gets an anxiety that they might also tinker with the Indian Constitution in its basics (we may recall that the NDA1 tried to review the IC but had to rollback due to public, particularly Dalit community, pressures). If the present Govt succeeds in their present attempts, Swaraj will be in peril. and people’s livelihoods and security will be at stake.

As we are aware, we are nearing the 125th birth centenary of Dr. B R Ambedkar.  It is a good time to come together to deliberate what the DAMNed communities have got or not so far in Independent India, and what could be done to ameliorate the sufferings of millions of the poor who are still anxiously waiting for some one to knock at their doors, and lead them on the road to Liberty, Equality, Fraternity, provide Justice and assure them that they could live in Peace.

Understanding the DAMNed:

The Dalits Adivasis Minority (MBCs) and Nomads are placed in the lowest rungs of the social ladder and are subjected to all forms of denial, rejection, hatred, discrimination, marginalization coupled with untouchability practices even among their communities. In this context, some of us were trying to find out how do we take a path towards annihilation of caste, so as to work in collaboration, if not in unison.  Hence, it is imperative at this juncture to revisit the identities and come together to understand each other and forge a larger alliance of the people and the groups to demand and fulfil the aspirations of the vulnerable in the society.

According to some, people in India might have 3 identities, such as: 1. Historical, 2. Social / religious and 3. Legal: these are subject to debate.  For, example, A person who came from an erstwhile untouchable background (Historical), but born into a Christian faith (Social / religious), who will be supposedly   be in the BC’C’ category (Legal), which is quite confusing and leading to indifference all round.   If we consider that the status of present day:

Dalits, erstwhile untouchables ( in comparison to the above example), were to be in the Scheduled Caste (SC) list, the person above will not have a place SC list as he or she practices Christian faith. This position will also rightly apply to any person who may be practising Islamic faith, whose ancestors were from the erstwhile untouchables. We can postulate that all the erstwhile untouchables were not allowed into the list of the scheduled castes and     all those who are listed in it are not necessarily from the untouchable background.        However there are also complaints that the fruits of the governmental programs available to the SCs are being cornered only by some communities.

Adivasis, the primitive tribal groups who were living and protecting the forests and the environment since centuries, were to be in the Scheduled Tribes (ST) list, but we are aware that some communities, who were not the PTGs, were included in the ST list in some states, for political reasons. Opposing this trend, organisations like Adivasi Yuva Shakti (AYS), are trying to resist inclusion of non PTGs in the ST list.

Minorities, those practicing Islam, Christianity, Sikhism, and Buddhism are given the minority status in the country. We are aware that people who embraced these faiths have done so (some believe that they once were Hindus) to escape the tyranny of inequality, oppression, exploitation, injustice and enslavement due to the sanctified caste system. However it is a fact that these religious groups have not totally rid themselves of their caste identities and as a result are meted with unequal and unfair treatment by the state.

MBCs, those communities who are otherwise known as fisher people, Barbers, Dhobis etc, who involved in production as well as providing services to the people.

Nomads, a vast group of servile masses moving around all through the year from place to place with their families from generation to generations. Society takes a romantic view of their wandering life style. As the most recent knockers on the doors of the advanced civilized society, carrying with them their nomad identity, all forms of livelihood and survival options are shut for them and they are losing out to the hierarchical caste and class system in India, thus getting the worst of both the worlds.

In this peculiar, but challenging juncture, it should be the call of conscience of the humanity to explore whether these most vulnerable, neglected and forgotten human beings can be blended into a single social identity, and help them seek a viable and sustainable economic livelihood, and live a secure and dignified human life.

Government of India and the state governments do not seem to have a clear picture about them, and so have done more harm and injustice to these people by dividing them and including them in different categories i.e.  Some into upper caste OC and BC categories, some into SC and the rest into ST categories while many of these groups are practioners of Islamic faith: it is ridiculous to note that an OC/OBC categorized nomad (who should therefore be regarded upper Caste) is ostracized by being put in a new category and counted as inferior and untouchable. Interestingly and amazingly, it is not established clearly as to who a nomad is, what is his/her caste or clan to identify with, what is his/her anthropological genesis, and therefore where and how the nomad has to survive.

However much we want to stay away from the debates of identities of caste, class and religion,      we are often dragged into and are told that one belongs to so and so.  People have an overt or covert craving for the caste identity and would not allow themselves to even try to find out if there are other ways of opting for alternative identities.

While the above being the situation of the social groups, the status of women in every category is very much deplorable and pathetic as they are faced with multiple problems because of their caste, class and gender, because of the patriarchy — no matter the identity opted or attributed.

Even after 68 years of Independence, the infirmities persist though abolished by law such as, practice of Untouchability, Bonded Labour, Child Labour, Child Marriages, Jogini / Devadasi, and Manual Scavenging, Human trafficking etc.  There are also the concerns of issues thrown up by the Liberalization, Privatization and Globalization (LPG) like, Open cast mining, SEZs, construction of major irrigation dams, corridors, Outer Ring Roads and the Development Induced Displacement(DID), leading to eviction of people from their livelihoods and habitats,  forcing them to migrate to other places to eke out a living.

The other challenge is the, protection of the secular fabric of the society, respecting the sentiments of the religious minorities: Muslims, Christians, Sikhs, Buddhists and others — and guaranteeing their safety and security covering their life and property by providing full protection.  Besides we have the issues of Global warming and Climate change, of which the socially deprived are the first victims:  this also needs to be addressed on a war footing as our duty for the future generations.

Forced labour and Migration:

People in large numbers from rural areas migrate to cities, in search of livelihoods during off season. Further, there is also high incidence of non-payment of minimum wages even though there is a law in the country, for payment under the Minimum Wages Act since 1948; violation also attracts the provisions of the Bonded Labour Act’1976 in the Farm Sector. We all are aware that the MNREGA workers are not paid as per the MW Act.

Besides, due to the increase in construction and Real estate industry poor people (Children, Women and Men) go to urban areas and are being engaged in Brick kilns, burning trees for coal, and also for captive fishing in the river belts.

Who go out from one state and all those who are migrating to states other than theirs, must be ensured a dignified life, and for this, stringent implementation, of the Bonded Labour Act’1976 and Child Labour Act is essential:  stress should be on implementation of  Inter State Migration Act and Minimum Wages Act to provide proper working conditions and security. All the laws and legislations should be strictly adhered to, and the perpetrators of banned practices should be brought to book, and justice delivered to the victims.

Provisions for redressal of the issues:

Apart from already mentioned laws and acts in the legal system as also several policies and programs, which are supposed to work in favour of these communities, there are international covenants brought in by United Nations (UN).  Programs are there galore that have been designed  on the basis of reports and recommendations of  commissions and committees appointed from time to time, such as Ranganath Mishra Commission, Sachar Committee and Balkrishna Renke Commission etc.  There are special provisions under the law for the SCs/STs which work towards protection of their rights and also to better their economic status.  But the question we too look      at is : are the rights of these communities being really protected and justice delivered?  are the programs reaching the doors of the communities who deserve them ?

Who can participate and How?

Activists, social workers, movement leaders, government officials (working and retired), NGOs/               CBOs, INGOs, Donors  and all those concerned citizens who aspire and work for  lasting change which leads our society towards, Liberation, Equality and Fraternity, thus leading to a Just and Harmonious & Peaceful co-existence, with in and among Dalit Adivasi Minority (MBCs) Nomads (DAMNed)  and the others.

Each participant is expected to contribute Rs 1000-00 (Rupees One Thousand Only) for the Expenses towards accommodation, venue, hospitality and others involved.

Methodology:

In the Meet, we intend following a different methodology:

  1. No keynote speeches as the issues are already flagged as above.
  2. We try to build fraternity in a novel way by ensuring that those who have no means of meeting each other are grouped together in small numbers. In each group would consist of asocial group of Dalits, Adivasis, Minorities, MBCs and Nomads (say 5-10) all the issues and their protagonists would be represented.
  3. The groups would be reshuffled once keeping intact the composition of issues and protagonists.
  4. The deliberations would be around the same issues in different sessions by groups of 5- 10.
  5. There would be reports from the groups at the end of each session: but these would be presented only in the plenary and consolidated as a common report.

The idea is that not only a programme of action will result but new compositions of solidarity groups would result so that we do not remain stunted where we were before the workshop, thus laying a path for the future different from what has been monotonously resulting in workshops in which our country abounds.

Various possible working Groups:

–              Dalits

–              Adivasis

–              Minorities

–              MBCs

–              Nomads

–              Forced Labour

–              Manual Scavenging

–              Jogini and Devadasis

–              Land

–              Labour

Contact Persons:

1). Mr. Vilas Bhongade, Maharashtra, Mob: 0 989 033 6873

2). Mr. Vinoth, Tamilnadu

3). Mr. Ambujakshan, Kerala

4). Mr. Sukhdev Vishwapremi, Himachal Pradesh

5). Mr. Dinesh Parmar, Gujarat

6). Mr. Ashif Sheik / Sundar Singh

7). Charles

Right to life continued to be denied – petition to the President of India


To,                                                                                                                                                                     27th March 2015
The President of India
Rashtrapati Bhawan,
New Delhi
 
‘Right of life’ continued to be denied
 
It has been one year since the Supreme Court judgment which while admonishing the obnoxious and inhuman practice of manual scavenging in the country had laid out an clear-cut plan for its eradication and rehabilitation of the liberated scavengers. Besides, the judgment had also put the onus of paying a hefty compensation to families of victims of sewerage deaths on the state governments. Court acknowledged the right to life for all persons including scavengers.
 
An year down the line we are still fighting for that right. Although we have rightly moved ahead in the direction of awarding compensations for the sewerage deaths, and 16 families have been awarded the compensation (though so far we have collected verified details of 436 deaths across country) but efforts to guarantee the ‘right to life’ still seems to be a far cry.
 
Supreme Court had clearly stated in its judgment that entering sewer lines without safety gears should be made a crime even in emergency situations. For each such death, compensation of Rs. 10 lakhs should be given to the family of the deceased. It asked Railways to prepare time bound strategy to end manual scavenging on the tracks. Court cautioned the authorities that persons released from manual scavenging should not have to cross hurdles to receive what is their legitimate due under the law. Hence it asked to provide support for dignified livelihood to safai karamachari women in accordance with their choice of livelihood schemes. Railways is still to come out with any time bound strategy as stipulated by the court.
 
In its judgment court mentioned “The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013”, which got the assent of the President on 18.09.2013. Court said that the practice of untouchability in general and of manual scavenging in particular was deprecated in no uncertain terms by Dr. B.R. Ambedkar, Chairman of the Drafting Committee of the Constitution of India. Accordingly, in Chapter III of the Constitution, Article 17 abolished untouchability as is acknowledged by 2013 Act. Similarly act also expressly acknowledges Article 21 (Protection of life and personal liberty- No person shall be deprived of his life or personal liberty except according to procedure established by law) regarding rights of the persons engaged in sewage cleaning and cleaning tanks as well persons cleaning human excreta on railway tracks.
Despite this historic judgment still blatantly people are forced to go down the sewers knowingly that it can be fatal for their lives. Fact of the matter is an estimated 200 people have lost their lives in sewers during one year since the Supreme Court judgment. Hence these people have been deprived of their right to life.
Court said that Section 33 of the Act provides for duty of local authorities and other agencies to use modern technology for cleaning of sewers, etc. Section 36 of the Act provides that the appropriate Government shall, by notification, makes rules for carrying out the provisions of the Act within a period not exceeding three months. Section 37 of the Act provides that the Central Government shall, by notification, publish model rules for the guidance and use of the State Governments. Court also quoted Section 7 of the act which read, “No person, local authority or any agency shall, from such date as the State Government may notify, which shall not be later than one year from the date of commencement of this Act, engage or employ, either directly or indirectly, any person for hazardous cleaning of a sewer or a septic tank.”
 
Unfortunately despite these clear cut directions from the Supreme Court none of the governments- centre as well as states had made any effort to make it possible that nobody has to go down a sewer. We have not moved even an inch in making sewage cleaning a completely mechanised process. Hence still people are engaged or employed, either directly or indirectly or forcefully, for hazardous cleaning of a sewer or a septic tank. This is deplorable. 
 
Until and unless we, besides providing compensation for every death in sewer since 1993, we start working in the direction of not letting anyone go in the sewage, we will not be following court’s decision in full letter and spirit. We demand all the governments to give a deadline, where after no person will be allowed to go down a sewer line. This has to be stated as one of the topmost priorities in front of our nation.
 
Bezwada Wilson 
National Convenor
Safai Karmchari Andolan,
36 / 13 Ground Floor, East Patel Nagar, New Delhi – 110 008
Mob – 09311234793 , Ph-01125863166
http://www.safaikarmchariandolan.org
e-mail skandolan@gmail.com