Lokpal should not overrule the Parliament

Please click here to sign petition:http://www.change.org/petitions/lokpal-should-not-overrule-the-parliament

To
Shri V. Narayanasamy,
Minister of State in the Ministry of Personnel,
Public Grievances and Pensions

Dear Sir
We the undersigned support the Government Lok Pal Bill No 134 of 2011; the media has played a very biased role in giving coverage to Anna and his team. The same media never gives any coverage to the people who are protesting against the team Anna’s version of Lokpal. If the corporate media continues such biased coverage, then the democracy of India may become a mere puppet under the control of Media.
At present we doubt whether these media’s are running a parallel government. And we as a citizen of India strongly believe in Indian democratic system. We also bring to your notice that we need a strong Lokpal not above the Parliament.
Therefore we urge you include the flowing point.
1. SC/ST/OBC/Minority/Women are the worst victims of corruption, so they should have reservation in the Lokpal
2. The electronic and print Media should be included in the purview of Lokpal
3. All Corporate bodies should be included within the purview of Lokpal
4. All Non Government Organizations should be included within the purview of Lokpal
5. Lokpal should not overrule the Parliament

Click here to sign petition: http://www.change.org/petitions/lokpal-should-not-overrule-the-parliament

[A February, 2010 article in Oneworld South Asia gives us an idea about the scale of the problem of ‘witch-hunting’ in rural India: ‘Statistics on witch-hunting crimes compiled by the National Crime Record Bureau (NCRB) are a cause of concern. The NCRB reported that in 2007, 177 cases of witchcraft-related murders were reported from the above mentioned states (Andhra Pradesh, Bihar, Chhattisgarh, Gujarat, Haryana, Jharkhand, Maharashtra and Orissa). Jharkhand had the dubious distinction of reporting 50 witchcraft- related murders, followed by Andhra Pradesh with 33; Haryana at 30; Orissa with 28; Madhya Pradesh with 14, Chhattisgarh with 8 and Gujarat with only one reported case.’ 

Other news reports say: ‘Between 2001 and 2008, 452 women were killed in Jharkhand, according to a report by an NGO, Association for Social and Human Activities’.

As with all other instances of atrocities, obviously, what is being recorded by activists, noticed by officialdom and reported in the mainstream media represents only a mere tiny fragment of what’s actually happening. Karthik Navayan, who has studied a few cases of witch-hunting in the Telangana region of Andhra Pradesh, shares his thoughts on the issue in this article– Round Table India]

Not just a legislation – Political will is needed to fight it

We know people are killed in the name of factions, and ‘encounters’, but the number of people branded and killed as sorcerers is also of a similar scale. Literacy doesn’t seem to make a difference to people’s thinking: not only the illiterate but even the educated encourage belief in such superstitions. As society itself is producing this kind of ‘sorcerers’, the very society must put an end to such superstitious beliefs.

Dr. Ambedkar had said, the villages in our country are full of illiteracy, foolishness, and factions. The atmosphere in village society hasn’t been conducive for change right from Ambedkar’s time. Some people in the villages are exploiting the beliefs of the common people in the notions of devils, mantras etc. The notion of god itself is the root of all superstition. So first of all, we have to strike at this root and only then will we be able to remove all such superstitions.

There are social, political, economic, psychological, health related reasons connected to superstitions like Banamathi, Chillangi etc. Most of the victims of all such types of oppressive practices are Dalits. 90 percent of people who are killed in the name of Banamathi (Witchcraft) are also Dalit Bahujan. Killing dalits in the name of Banamathi  is a part of caste-based oppression.

Can an illiterate Dalit chant Sanskrit mantras? Is it possible? Or is it possible for a Brahmin who captured Sanskrit and education since ages?

Women are the victims

In most of the cases, women are the victims; that too women belonging to Dalit Bahujan castes. One Dalit woman belonging to Kannepalli village of Luxettipet mandal, Adilabad district was killed by non-dalits who suspected her to be a sorcerer. They did not spare even her husband and children: the whole family of 5 members was killed.

In some cases, if women had properties in their names, their own family members projected those women as sorcerers and killed them. And in other instances, some dalit women were exploited and if some of them refused to yield, they were branded as sorcerers, paraded in the nude, and later killed. In one instance, one Dalit family head was killed in the name of practicing sorcery just because he refused to vote for a particular party.

Even the superstitions are used as oppressive methods against dalits and dalit women. There are several interconnected social, political and economic causes for the continued existence of these superstitions.

No Health Services

People in rural India are dying of minor diseases due to lack of proper medical facilities. Illiteracy and ignorance are adding fuel. If somebody in a family gets ill, there is a tendency among ignorant villagers to suddenly doubt the family’s immediate enemy. Doubts about their enemies having practised sorcery some times lead to a sort of mass hysteria, and even murder in rural areas. If living conditions, through development, are improved, superstitions in the villages can be reduced to some extent at least.

Mental reasons

The inferiority complex engendered by caste oppression affects the behaviour of many villagers. The scientific reasons for abnormal behavior, in an overwhelmingly superstitious society, have to be studied.

Ilamma (60) belonged to a Scheduled Caste (Mala). She had a husband, a daughter and a son. The whole village (Jukal village, Chityala mandal, Warangal district in Telangana region) believed she was a sorcerer and held her responsible if the buffaloes stopped giving milk, or if children fell ill. In the year 2000, villagers boycotted her family. In due course, her daughter-in-law, also started projecting Ilamma as a sorcerer, probably because she felt the old woman was a heavy burden to feed, and held her responsible for her father’s death. Ilamma left the village and went to her sister’s place in Bethikalvillage, Huzurabad mandal, in Karimnagar district. After three years, one night in 2003, the village suspected that Ilamma had placed lemons before a few houses. The villagers, reportedly, searched Ilamma’s house and found some lemons and turmeric powder in a bag. The furious villagers made her eat human excreta, they accused Ilamma of wandering around the village, at midnight, on amavasya andpournami days.

If the accusations of villagers were true, what could be the reasons behind her behaviour? She may be suffering from some mental illness. Who in the village could analyse and explain these things to the people? Is there any official in the village Panchayat, Hospital or Revenue department who has some understanding of these things? Civil society and the government has that responsibility but they could not discharge that responsibility.

As of now, there is nobody to feed Ilamma. She can’t toil. She is still alive like a living corpse with torn clothes and hunger in Sirsapally of Huzurabad mandal. So many Ilammas are being victimized by the negligent attitude of society.

Still society’s eyes remain closed. There is a need to enact a law at the national level against these kinds of superstitions. This is one kind of violation of human rights. But the central government is not prepared to do that. As these kinds of violations are being committed at village level the states should deal with them at state level, it opines. However, these types of superstitions are spread all over the country, so a central law is very much needed. Bihar state government recognized the necessity and brought the Prevention of Witch Practices Act -1999. Rajasthan Women’s Commission chairperson Pawan Surana proposed to the state government to enact a similar legislation. The law in Bihar punishes a person who brands anybody as a sorcerer with imprisonment. Similar legislations need to be brought in all the states including Andhra Pradesh.

The Women and Girls (Prevention of Stripping, Teasing, Molestation, Branding as Witches and Offering as Devadasis) Bill, 2003 is still pending– if this bill is discussed and accepted as an act, it would be more useful because it lays down the death penalty as the punishment. Some rights organizations who oppose death penalty are opposing this bill.

Naxalite Movement is strong in Telangana area for more than half a century. However in every village of Telangana, killings and atrocities in the name of sorcery have occurred. There is a need to rectify the mistakes and relentless efforts should be made to foster cultural enlightenment. These efforts have happened only in the plains, but not in Agency areas where Kolam, Gond, Khond, Koya tribals live. In the tribal areas, people who are believed to be magic men are treated with great respect and honour.

The one legislation that is available to punish the charlatans who deceive people is The Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954. If this act is properly implemented, most Babas, Swamijees, fake hermits would end up behind the bars. But some people in the government are encouraging such Babas and Swamijees and this act is not sufficient to solve all the problems. So there is need for a special legislation at the national level.

The High Court of Andhra Pradesh delivered a sensational judgment on 3rd October 2007. The details of the case: in Timmapur village, Sangem mandal, Warangal district on 2nd August 2000, all the villagers caught Kolkanuri Yellaiah, Kolkanuri Rajamma, Merolla Upakantha, Velpula Narsamma, and Settiboina Ilumallu. All the five were beaten brutally and later burnt alive alleging that all of them were practicing witchcraft. Warangal district court dismissed this case on 9th June 2003 stating that there were no proper evidences. Police appealed to the High Court. The Division bench consisting of Justice K.C.Banu and D.S.R Verma gave their verdict: life sentence to 19 accused, leaving others as innocent. At least 19 killers were punished. We have to appreciate the efforts of the police in this case. If they show the same enthusiasm in each and every case, more such incidents can be prevented.

If government really has the political will and commitment to prevent killings in the name of sorcery, it should launch a continuous campaign against this superstition. It is well and good if it creates a permanent mechanism for that at state level. The Departments like police, revenue, education and health should organize special programmes against these practices. Every Panchayat should take up special programs. The government should take up preventive measures and allocate adequate funds.

All the killings in the name of sorcery have happened due to the negligent attitude of the government. Most of the attacks are being committed against Dalits. Hence cases against perpetrators can be booked under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act – 1989, and preventive measures can be taken. However, cases are being registered only under IPC and not under SC/ST (POA) Act, thus helping the culprits.

Finally, there is a need for a legislation at the national level for the protection of woman, Dalits and other poor sections of the society to deal with situations of this kind. There is also an urgent need to create a mechanism for the proper implementation of the law. The government should launch a continuous campaign against these superstitions. This can be actualized only if people and government, with a strong political will, work together.

Karthik Navayan is a human rights activist. Cartoon by Unnamati Syama Sundar. 

To

Professor Amitha Dhanda

The Chairperson

Fact finding and Inquiry committee

EFL- University

Subject- Fact finding Representation of Human Rights Organizations on rustication of Mr Kotesh in EFL- University

Madam!

We came to know that you are appointed as a chairperson of a committee to inquire in to a dispute between Asst Professor Ravindra Kumar Vemula and a Student Mr Kotesh. And your committee visited EFL-University and conducted an inquiry on 17th December 2011.

We, five Human Rights and Peoples Organisation also conducted a fact finding on the same issue on 2nd December 2011, and we would like to submit our fact finding representation to your committee on Behalf of Human Rights Forum, Andhra Pradesh Civil Liberties Committee, Telangana Praja Front, and Kula Nirmoolana Porata Samithi and Lambadi Hakkula Porata Samithi

During the recent past, EFLU is appearing in the press regularly for all the wrong reasons including the latest molestation of a research student by a faculty member. We, of several civil society organizations, were concerned about such deterioration in academic values. On learning about rustication of a research scholar and the agitation of students opposing the rustication, a team of representatives belonging to Human Rights Forum, Andhra Pradesh Civil Liberties Committee, Telangana Praja Front and Kula Nirmoolana Porata Samithi visited EFL University on 2^nd December 2011, to know the facts and take up the issue with relevant authorities with a view to set an end to ugly episodes recurring at the university. We interacted with the in-charge Vice Chancellor, in-charge Registrar, and other administration officials. They obliged our request to meet and discuss the issue and presented their version of the case.

Professor Amruthavalli, in-charge Vice Chancellor explained that the rustication order issued to Sri D Kotesh based on a complaint by Sri Ravindar Kumar Vemula, a faculty member, EFLU is kept in abeyance due to procedural lapses in issuing the rustication brought to her notice. She announced formation of a new Inquiry Committee comprising of three professors from other universities to inquire into the complaint of the faculty member against the student. She read out the names of the newly constituted committee members. We saw the abeyance order on the notice board. It was clear from the explanation of the in-charge VC that the internal inquiry committee supposedly constituted immediately after the complaint did not call either the complainant or the accused to ascertain facts before it supposedly made the recommendation for action against the student. Evidently, the accused student was not given an opportunity to present his case. So, the in-charge VC had no option but to withdraw the rustication order that is in violation of the principles of natural justice. In-charge VC told us that university is very considerate towards the students and has not filed any police cases against students despite vandalism on the campus. But the facts are otherwise. University did file a police case against five students with names u/s 341, 353, 427, 506 IPC & Sec. 3 of PDPP Act and Sec. 7 (1) Crl. Law Amendment Act on 30 November 2011. Complainant is the in-charge Registrar Prof. P. Madhavan.

Then we sent word to Sri Devulapally Kotesh, the student accused of misbehaviour and rusticated, to present his version to us. He came along with another student who was with him when the incident occurred. Kotesh explained the background of the interaction with the complainant faculty Sri Ravindar Vemula. It all started when Smt. Shakunthala, a former student of Ravindar when he worked in Tamilnadu approached Kotesh with a grievance against Ravindar. She has also come before us to explain what she went through because of Ravindar. Kotesh met Ravindar regularly to sort out the matter and see that she is paid the salary due to her from an NGO with which Ravindar is associated. On the day of the reported incident Kotesh met Ravindar along with a friend and asked him about settling the payment due to Shakunthala. After a brief interaction Ravindar changed his stand and denied any responsibility to pay her. He became aggressive and pushed Kotesh and an altercation ensued.

After finishing with Kotesh we invited Ravindar Vemula, Asst. Professor, EFLU to present his version of the case. He readily obliged and came down. He started with his association with Shakunthala at a university in Tamilnadu both being Telugu. Then he lost contact for several years and met her again when she visited him in his office at EFLU. At her request, he tried to help her get a job with an NGO to which he was an advisor. He only facilitated her getting a job and he has no responsibility towards her salary payment. On the fateful day, Kotesh came to his room and behaved indecently. He listed out the abusive words used against him in Telugu that are very offensive. He stated that about 50 faculty members are a witness to the incident. But the student accompanying Kotesh says that there was no one else except him all through the incident. Another aspect that we noticed is that the abusive words supposedly used are not commonly used in Telangana and especially not in such situations. He admitted that he was not called by any inquiry committee. He also told that he informed the Faculty Association of his willingness to withdraw the complaint and settle the matter with Kotesh amicably.

Next in turn was Prof. Nageswara Rao, who was the in-charge Registrar at the time of the incident. He was replaced on 4 November 2011 after the new in-charge VC took over. He was plain and expressed that he was not aware of any Inquiry committee being formed to look into the complaint of Ravindar Vemula during his tenure. He was the Registrar on the dates on which the committee was supposedly formed and it submitted its report. He categorically stated that no such committee was formed or submitted any report during his tenure. Several questions arise:

Was the Inquiry Committee true or fictitious?

What were the terms of reference to it?

How did it pass the verdict without following normal procedures?

How did the authorities act in haste without caring to know the validity of the verdict?

Why were the authorities so eager to act without following procedures appropriately?

Is the whole thing cooked up with a view to punish the student and assert authority?

Why was no cognizance taken of the students complaint against the faculty?

Prof. Nageswara Rao informed us about a faculty meeting addressed by a DCP, Hyderabad City on this issue and several faculty members walking out in protest to uphold academic independence. It appears that the police official congratulated the university authorities for acting tough on student indiscipline and explained the invalidity of the rustication order. It appears that the university authorities have chosen to form a new committee to legitimize their previous action on the advice of the police official. If true it indicates the downfall and surrendering of academic freedom.

Prof Tharakeshwar, Faculty Association also joined us. He informed that Ravindar met him and gave his Willingness to withdraw the complaint and requested for an amicable settlement to be facilitated by the Association. Smt. Shakunthala, victim on whose behalf Kotesh was interacting with Ravindar presented herself before us while Profs. Nageswara Rao and Tharakeshwar were there. She narrated her problem with Ravinder. She knew Sri Ravindar Vemula as a student and then lost contact after she completed her course. She leant about him being in EFLU through a classmate. She received a call from Sri Ravinder while she was in Warangal. She was working with an NGO at that time and was comfortable.

Ravindar Vemula suggested that she join a new NGO being formed and would get her a salary of Rs40, 000/-. She trusted him and agreed to join without a formal letter of appointment against the advice of the head of the organization she was working with. She worked for four months and the NGO folded without paying her salary. She was paid just Rs15,000 in all. Ravindar kept on asking her to wait. She had to sell her gold to maintain the family. Only proof she has of the employment with the NGO was the email correspondence and phone call log. On the day she met Kotesh with her grievance, Ravindar was rude to her and asked her not to visit him on the matter of her salary as it is not his responsibility. A foreign lady on the campus saw her crying and wanted to know her problem. On being told, she advised her to meet student leaders. It is on this advice that she contacted Kotesh. She has now filed a complaint against Ravindar in the OU police station.

Based on the assimilation of facts, it is our considered opinion that the university authorities are discriminatory and biased against weaker sections and dalits.

We are suspicious about the existence of the first committee and its recommendations. The new Committee should transparently establish the truth on that committee. We understand that Sri Ravindar Vemula has already submitted a letter withdrawing his complaint. University authorities standing on prestige and going ahead with inquiry is unfair. We hope the committee will not allow itself to be the handmaiden of the university authorities and acts independently and fairly keeping in mind the Principles of natural justice. To uphold constitutional and democratic values

Human Rights Forum

Kula Nirmoolana Porata Samithi

Telangana Praja Front

Andhra Pradesh Civil

Liberties Committee

Lambadi Hakkula Porata Samithi

Press Note

The private member bill for statutory status to SCP and TSP is listed for discussion in Rajya Sabha

A private member bill introduced by Sri Syed Azeez Pasha, Member of Parliament (RS) for statutory status to SCP and TSP in the Rajya Sabha is listed for discussion on 9^th December 2011

For centuries, the Scheduled Castes have been the victims of discrimination because of Indian Caste System, with Untouchability depriving development of Dalits.  In fact,  the Constitution of India 1950 has, in its Preamble as well as Articles like Article 46, 15(4), 15(5),16(4) , 16(4A), 16 (4B), the Articles in Chapter XVI and other Articles, mandated the State, in all its limbs and through all its instrumentalities and agencies, to take all measures necessary for removing these deprivations and disadvantages, bring about social equality through various social justice measures and establish a regime of all-round equality in the country.    Taking note of the fact that developmental outlays and inputs did not flow to the Scheduled Castes and Scheduled Tribes in due measure quantitatively and qualitatively in the Plans, the Government of India, therefore, conceived and initiated the Special Component Plan for Scheduled Castes (SCP) and Tribal Sub Plan (TSP) in 1978 as a comprehensive Plan instrument in the Centre as well as States.

Even after 30 years of implementation of SCP and TSP, the goals which were expected at the time of their formulation were not achieved, now it is necessary to give a statutory status to  both  policies for proper implementation for  social equity, social – economic justice to the Scheduled Castes and Scheduled Tribes and to ensure inclusive growth by removing social, economic and educational inequalities and to provide access to and equal opportunities.

Noticing the fact the SCP and TSP, though it has helped in bringing about certain improvements, has, over time, been reduced largely to a mere arithmetical – statistical exercise, losing sight of the overarching Constitution-based goals of economic liberation, educational parity at all levels, equality in all parameters and security and dignity, and failing to take a holistic view from this perspective, of the  needs and  priorities of the Scheduled Castes, Scheduled Tribes and  accordingly devising programmes and schemes with adequate outlays and institutional and organizational arrangements under the SCP and TSP

National Dalit Forum (NDF) and National Campaign for Dalit Human Rights (NCDHR) have been campaigning for the statutory status to the Special Component Plan and Tribal Sub Plan for their appropriate implementation.

The bill which is coming for discussion in Rajya Sabha is titled as “The National Scheduled Castes and Scheduled Tribes (Special Economic Development Plans) Bill, 2011”. It is proposing a National Scheduled Castes Development Council exclusively for the economic development of SC STs, National Scheduled Caste Development Authority and National Scheduled Tribes Development Authority at National level and in the state level a State Scheduled Caste Development Authority and State Scheduled Tribes Development Authority.  At District level, the bill proposed District SCST Development Authority to implement the Special Annual Plans for the economic development of the SC, ST Communities.

This Bill is moved to lay down the legislative framework for such a new system of which the basic feature is to set apart the population-equivalent proportion of the total Plan outlay (Five Year, Annual, Perspective) of the Centre and of each State as a corpus of the SCP of the Centre and each State, before the total Plan outlay is allocated sector-wise / Ministry-wise / Department-wise and to place this corpus at the disposal of empowered Authorities in the Centre and in each State to undertake Planning for SCs and making allocations for programmes and schemes relevant to SCs and issuing of sanction of funds within this corpus, in accordance with the needs and priorities of SCs in keeping with the overarching goals of their economic liberation, educational parity at all levels, equality with SACs in all parameters and security and social dignity.

Sri Syed Azeez Pasha

Member of Parliament (R.S)

Communist Party of India

R.Ravi Kumar

Secretary

National Dalit forum

N.Paul Diwakar

Conviner

National Campaign for Dalit Human Rights