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false assumptions by law of the land

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Patna high court judgment on acquittal of all 26 accused in Laxmanpur caste massacre advocates false assumptions by law of the land that “untouchables” have become the majority and powerful class in India who are misusing Atrocity Act and falsely alleging Caste Hindu. Let us review some of the following points:

1. Reflecting on Jurisprudence: In case of SC/ST, there is no level playing fields, guilty (caste oppressor ) are assumed innocent, there is a gross injustice that prevails in the court of justice. Court gives the benefit of the doubt to the caste Hindu oppressor and not the victims of caste massacre. In all cases of justice when there is Scheduled Castes as a party they are considered as guilty, and the oppressors are given benefits as they are considered as moral and just being sacrosanct. There is an urgent need to change the atrocities act and IPC in cases where Dalits are victims of the crimes and discrimination, the presumption of guilt must be imposed on the accused.

2. The case of reservation in promotion, SC candidates have to prove they are being discriminated. The biased mindset of court in this case court presumed that governance in India just and equal and it is these SC/ST for no reason making hue and cry of being discriminated, so let SC/ST prove that there is discrimination in allocating the seats, the government is found guilty Supreme Court would think about it.

3. Private sector, judiciary, media, and defense services are holding a mask of being equal and just toward “Scheduled Caste population”. This mask needs to be removed at the earliest. Eg. USA defense service has most successful model of implementation of affirmative action policy, On the Malay model the private and public corporates, enterprises in India must have equal representation of Scheduled Castes on the board of directors and equity ownership; reservation in the private sector remained one of the forefront issue in past two national elections but it is no where in recent election campaign. Some countries have Employment Equality Commission and Education Equality Commission to monitor the cases of discrimination against marginalized, it can be cases against SC/ST in India.

4. Ninty three percent of the labour composed of the informal sector, majority of them are untouchables and lower castes,tribes, hardly any constituency talks about their rights. To appease these masses government has introduced food security, employment guarantee schemes; but no strong policy for dignified employment in corporates, no policy on quality education and healthcare.

5. Who will talk about the elephant in the room, as the leader who can ask these questions to the authorities will be further be afraid of recent judgements of “No of the Above” provision for the voters, and the bar to contest the election if they found guilty of breaking the law. These are some of the biggest attacks on the vulnerable populations to use the democratic ladder to fight for the rights of most marginalized. The advocates for these “benevolent” judgements were People’s Union for Civil Liberties, Rajinder Sachar and others. These classes of people seem to represents those who advocated against universal franchise.

6. On cultural front- This year’s vijaya dashami is an important event that mark 2275th year of Ashoka ‘s conversion to Buddhism (he converted in 262bc). Contrary to the Dr. Ambedkar’s vision of Prabuddha Bharat there are efforts to take us back to the oppressive ram rajya. One of the most predominant event this year is the Buddha TV serial telecasted on zee tv and Doordarshan, this is a similar attempt of Pushyamitra Sungha, Shankara to destroy teachings of Buddha- please check http://buddhaserial.blogspot.in/ http://buddhaserial.blogspot.in
It is only in India you can tamper with the teachings of Buddha, and hurt the sentiments of millions of Buddhist using state machinery. On the other hand police, judiciary is against freedom of expression of Scheduled Castes and marginalized when it comes to celebrating our own festivals, a classic case of EFLU where the students were barred from celebrating Asura festivals, or Dalit authors are banned from publishing their books.

Total silence by others progressive forces on these issues, Elie Wiesel has rightly said, ” Opposite of love is not hate; it is indifference.” Are we living in democratic india or under Bramhanic dictatorship. Beware of the silent progressive and secular forces acting as a buffer zone who are lending their shoulders to the oppressive regime to attack “untouchables” and other marginalized in an “illusionary” nation building process.

On Thursday, 10 October 2013, 15:28, Dr. Umakant wrote:
Patna High Court acquits all 26 accused in Laxmanpur Bathe massacre case
Rahi Gaikwad, The Hindu, Patna,October 9, 2013, Updated: October 9, 2013 20:54 IST

Setting aside the conviction by the lower court, the Patna High Court on Wednesday acquitted all the 26 accused in the 1997 Laxmanpur Bathe massacre in Bihar, in which 58 Dalits were killed allegedly by members of the Ranvir Sena, a militia of upper caste Bhumihar landlords.

A division bench comprising Justices V N Sinha and A K Lal ruled that the prosecution witnesses “are not reliable” and “the appellants deserve grant of benefit of doubt, which is, accordingly, granted.”

The court ordered the acquitted persons “to be released forthwith if not wanted in any other case.”

On April 7, 2010, Vijay Prakash Mishra, additional district and sessions judge, Patna, had given the death sentence to 16 convicts and life to 10 others. There were a total of 45 accused at the trial stage of which 19 were acquitted. The accused persons had gone in appeal before the High Court.

On July 26, 2013, the division bench had reserved their order on the criminal appeals of the 26 convicts.

“There are 91 witnesses in the case. My main contention was that the FIR has names of people who were not seen at the time of the occurrence of the attack. The police had gone to the village, but no one gave any names. The government prepared a list of forward caste names and supplied them later,” defence counsel Kanhaiya Prasad Singh, representing the accused on death sentence, told The Hindu.

Coming 16 years after the massacre, the verdict is a big blow to the prosecution’s case. “We will examine what went wrong and then decide if we want to go in appeal,” Director General of Police Abhayanand told The Hindu.

“The acquittals are shameful and amount to a massacre of justice,” Deepankar Bhattacharya, party general secretary of the Communist Party of India (Marxist-Leninist) Liberation said in a statement. “Chief Minister Nitish Kumar has to answer about his promise to give justice to the victims of massacres. Former president President KR Narayanan had termed the Bathe massacre ‘a national shame’. The verdict is another instance of a series of acquittals in other massacres at Bathani tola, Nagri, Mianpur, Narayanpur and Khagdi-Bigha,” he said.

He demanded a special investigation team to be set up under the supervision of the Supreme Court to guarantee justice to massacre victims.

The Laxmanpur Bathe massacre occurred under the Mehandia police station in the erstwhile Arwal subdivision, now in Jehanabad district, on the night of December 1, 1997. It is one of most brutal of the series of massacres in Bihar’s bloody history of caste oppression. Among the 58 deceased victims were 27 women and 16 children.

This is the third instance of acquittals in a massacre case after the Bathani tola and Nagari Bazaar acquittals in July 2012 and March 2013 respectively.

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