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RESERVATION FOR MINORITIES
Reservation for Christian SC Dalits
By: N. Manohara Prasad**
We say, in this Country –
Truth will always
Triumph
The common SC&ST Dalits,
on the other hand, having been Suppressed and suffering continuously, constant
extensive Exploitation and untold Discriminations, that too for too long a
time, during the last four millenniums, say –
This is a Nation of total Injustices, extreme
Exploitations, and complete Oppression
And amongst the nearly 300 million plus SC&ST Dalits, significantly many millions of strong Group of SC Dalits from all over the Country, have embraced new Faiths
over many generations. They did not do
so, for the alleged and so called denigrating Temptations of a handful of food, or plateful of special eatables,
or a bagful of rice; or a packet of biscuits, a glass of milk, tin of milk
powder; or some clothes – old or new; or money, or for salaried jobs, foreign
visits etc.
SC&ST CONVERSIONS
The SCs and STs, deliberately opted for alternate ways of life, and
embraced other Faiths and New Religions, only to escape the extreme caste
oppressions, chocking caste system, feudal cruelties, community oppressions,
village exploitations, etc. These the
SC&ST Dalits had been doing these for ages, down
time immemorial! In fact, the
exploitations still continue in different discreet forms in all
the Cities’
It is thus, mostly the impatient restive and angry
SC&ST Dalits and the Most Backward Castes, belong to Minority Religions, such as the Buddhist,
Christian, Muslim, Sikh Faiths etc. They
are the Minority SC Dalits, or SC Dalits
belonging to the Minority Communities, Minority Faiths believing-in and
practicing the Minority Religions.
MINORITY SC&ST
DALITS STRUGGLE FOR JUSTICE
The Minorities in this Country,
and Minority SC&ST Dalits are in large
numbers. They are actually in many
Millions! Hence, the Minorities and
Minority SC&ST Dalits, can not be neglected on any account, any further, even
though many fundamentalist and fascist leaders, parties, and their women men
and bureaucrats may still wish to otherwise.
The Minorities and Minority SC&ST Dalits,
are still struggling, both for Justice and in many cases, even existence! In spite of these, some amongst them are now
fighting for Consideration and Recognition, to be eligible for State Help to
Develop Rationally in life; and also to Participate, Equally and with Dignity,
in the whole Process of Social Growth, Progress of Society, National
Development, and actual Governance of the Country!
The Minority SC Dalits’ Struggles
are as old as the Constitution of India!
In fact it precedes the SC&ST Awakening in the modern era. But since 1950, many of the Minority SC Dalits had been struggling and fighting in various fora, for their own identity. They had been seeking their rightful place as
SCs for the purposes of the Constitution. They want their own genuine personal
Constitutional Rights! They were and are
not just looking for some titbits, or some small aid or state subsidy or
scholarships, or fellowships or loans.
Different Groups of Minority SC Dalits,
belonging to various Minority Religions, such as Buddhism, Christianity, Islam,
Sikhism etc, were all along asking for their due place in the Constitutional
Scheme of Reservations as SCs – not as Other Backward
Classes, and not even as Minorities.
They identify themselves socially with their own fellow SCs in their SC Dalit
Communities, than with their fellow Minorities whom they meet in their
Churches, Gurudwaras and Mosques. That is, they want their real full identity
only as the SC Dalits, along with, by the side of and
at par with other SC Dalits!
They Minority SC Dalits
don’t want some Reservations exclusively for them, or any separate Reservations
as Minorities or as some Backward Classes.
They don’t like to be a Part of OBCs.
The Minority SC Dalits, only
want to be recognised, very much as original SC Dalits,
which they actually they are! And so,
they want the State to include them amongst their fellow SC Dalits,
like any other SC Dalits! That is, as a part and parcel of the whole,
their own SC Dalits!
Yes, as an integral part of the SC Dalits! They never wanted to be considered, as some
exclusive separate or new SC Dalits.
The Minority SC Dalits,
wanted to be counted only as SC Dalits, along with
their own other SC Dalits. That, as original SC Dalits,
as being related to other existing SC Dalits of
Castes and sub-Castes already Scheduled as the Scheduled Castes by the States/UTs and the Centre, which they truly and actually are! They actually want to be part of the larder
SC Dalit Struggles, and go down or even die along
with other fellow SC Dalits, for the larger SC&ST
Dalit Causes!
RESERVATIONS FOR
MINORITIES
Today, when we discuss Reservations or even think
about them, emotions get strongly wild in this Country. That is because, Reservations in this
Country, are sub-consciously linked to and associated with only SCs&STs! This,
though for the last two Decades, it had been partially, and to a limited extent
extended to the OBCs.
That, includes most of the SC Dalit Minorities, and the BCs in
the Minority Religions. Similarly, when
we talk of Reservations for Minorities – we refer to Reservations to Muslims
first, and then the Reservations for Christian SC Dalits? Why now these? We must ask these Questions first, at least
to ourselves!
Talking Today, that too in
the Twenty First Century, sixty Years after
Some act deliberately,
as if they are really very ignorant!
As most of the time,
people are ignorant alright, and act ignorantly!
Many though not
otherwise ignorant, most of the time act, only ignorantly!
Elite leaders, their
educated well employed bureaucrats, act just so ignorantly,
Being too cunning, to
appear at crucial sensitive times, as really acting ignorantly!
WHY RESERVATIONS
We are a Democracy.
May be only a Paper Democracy!
Yet, we are a Democracy! Any
Democracy has to be based on Equality!
And Democracy means Participation of all People! That Participation, by all People and by
every Group of People! Everyone knows we
are not an Equal Society! And, we had
never been an Equal Society! We may not
accept this. But, the majority of the
People, the Minorities including the SCs&STs; the
most Backward Classes including the backward Minorities and SCs&STs
not only believe, but genuinely see that we are not an Equal and just
Society. We are unjust that we don’t
allow Participation of People, particularly in the Governance of the
Country! It is to remedy this situation,
Reservation is necessary.
Reservation is for enabling the Participation of the
People and Groups of People, who are not systematically and deliberately
allowed to Participate in the Governance of the
Country to Participate openly legitimately legally and freely in the Governance
of the Country. Reservation as a Policy
Principle Procedure and Mechanism is therefore of that higher Plane and Level.
Reservations, should therefore, either by a wanton and
deliberate design or by mistake not be seen or reduced as a short cut to jobs
and promotions, or for education and development! The first Backward Class Commission or the Havanoor Commission, constituted by Devraj
Urs the then CM in 1972, in its Report submitted in
1975 had clearly said that, Reservations are not for Employment, nor for
Abolition of Poverty.
While talking about Reservations, we should not mix up
the Reservations for SCs&STs, with the recent and
evolving Reservations for the Other Backward Classes that also includes Most
Backward Castes from Muslim and Christian etc Minority Communities, which stand
in different footings of their own!
CHRISTIAN SC DALITS’
DEMAND FOR RESERVATIONS
Reservations for Christian SCs
have to be seen as a separate issue, as distinctly different from the recent
Reservations for the OBCs or the new Discussions on
Reservations for the Minorities, particularly for the Muslims.
The Reservations for Christian SCs, fall nearer to the
existing Reservations for SCs. And in fact, the Christian SCs, in fact disassociate themselves, and rightly so, from
their larger Christian Minority Community, and Reservations for the entire
Christians! And they are not happy with
the Reservations they have been recently provided as a Backward Class, as part
of OBC Reservations. The Christian SCs,
basically ask for the Recognition of their Identity. Identity as SCs, they being Christian SCs. What benefits they will derive or get, will
depend on the already existing Limitations, in the Reservations for SCs.
At this stage, let us now recount in brief, the
genesis of the Reservation Problems! Let
us see or restrict it here, only wrt the Reservations
for Christian SC Dalits!
There was a differential decision, while taking steps
to Implement Reservations, in the
In real terms, the order meant that, only those
Members of the erstwhile Depressed Classes, who considered and declared
themselves to be hindus, could
be recognised by the State as SCs, for the Purposes
of the Constitution! That is any Member
of the Depressed Classes, who had been and therefore was recognised socially as
Scheduled Castes, won’t be considered to be a Scheduled Caste by the State, if
s/he did not Declare her/himself as an hindu. That meant,
if s/he is a Buddhist, Christian, Muslim, Sikh s/he can not get either a SC
Certificate, or receive any benefit from the Govts as
a SC, or participate in the affairs of the State as a SC!
Once a Buddhist, Christian, Muslim or Sikh, one ceased
to be and could get any relief, having been declared as not eligible for any
help or benefit from any authority or branch of the Govt, by the Constitutional
Presidential Order on SCs, 1950.
It also meant that one can not participate as a SC, in
the Governance of the Nation. That,
though s/he socially had always been condemned and treated socially as a SC, by
all the People Communities and Society around.
That was even done by the Govt Officials themselves, once they went
outside their Offices; and most of the times even in their Offices, especially
in the backs of the Christian SC Dalits.
No one in this Country, at any place or any Society,
is going to treat a Christian SC Dalit as not a SC Dalit! Nor, is anyone
ever going to as a SC Dalit, whether s/he belongs to
any Buddhist, Christian, Muslim, Sikh Faiths, before condemning her/him, or
discriminating as a SC Dalit, or sparing as being a
changed individual – a Buddhist, Christian, Muslim, Sikh! That, unless they visibly appear, or is known
to a casual acquaintance, to be only as a Christian, Muslim or a Sikh. Even then, invariably, all the Minority SC Dalits,
are always subjected to all forms of exploitations discriminations and
oppressions, once it is known that s/he belongs to a SC Community. Hence, in the Indian Society, Religion does
not matter, when it comes to Caste Identities, Affinity or Discrimination. That is the Problem of all Christian SC Dalits. They are
treated, discriminated, exploited, oppressed, and dehumanised only because they
are SC Dalits, even when it is known that they are
Christians. In fact they are being more
discriminated and condemned further for having become
Christians, and getting out of the oppressive and option-less brahmanic caste system.
It also meant that a Buddhist, Christian, Muslim,
Sikh, if s/he claims and declared her/himself to be an hindu,
then s/he could get the SC Certificate, and become eligible to all the benefits
from the State, as a SC under the Constitution; and even actually receive or
get some of them. Similarly if any
Buddhist, Christian, Muslim, Sikh Convert of the SC Communities, reconverted or
declared her/himself to have reconverted to be an hindu,
s/he immediately gets recognised, and is given a SC Certificate by the Govt
Authorities; become eligible for all benefits as a SC under the State
overnight.
The Minority SC&ST Dalits,
on reconversion, often get many benefits from the
Govt, only because they had left their Minority Religions, and reconverted to
call themselves an hindu! Why these unfair double dealings, unjust
irrational practices, and dubious Provision?
We could not till date find any rational and sensible answer!
PRESIDENTIAL SCHEDULED
CASTES ORDER 1950
Was then the Presidential Order 1950, concerning
Scheduled Castes, highly distorted and defective? Why was it so heavily biased and leaned
religiously towards ‘hinduism’? Was it actually defective, or deliberately
distorted and skewed? Was it a mistake
or born out of ignorance? Once again we
could not find any correct answer!
And no one is coming out with any just answer! We and the World,
are therefore left with the lurking fear that, that was wanton, only done
deliberately and biasedly!
It took about six years after bringing into effect the
Constitution of India, to partially Correct this
anomaly first, as far as it concerned the Sikh SCs. In 1956, the Presidential Order on SCs was amended, to include and club the Sikh Converts of SCs, along with those claiming to be hindus.
It took another thirty-four years, when this anomaly
was again corrected, once more partially, as far as it concerned the Buddhist SCs. In 1990, the
Presidential Order on SCs was amended, to further
include club and add the Buddhist Converts of SCs,
along with those of Sikhism and those claiming to be hindus.
Still left out are the Christian SC Dalits, and the Muslim SC Dalits. That, even though the Christian SC Dalits, have been agitating this Issue, before all the
authorities, right from the Days of the first Prime Minister, Mr Jawaharlal
Nehru. And now, they are before various
Commissions and the Courts, including the highest Judiciary of the Land, the
Supreme Court of India.
RESERVATIONS AMONGST
THE MUSLIMS
To talk about Developing the
Muslim Minorities, easily found to be lagging behind, discriminated and left
out of the life of the Nation is one thing; and Reservation for the Poor
Backward Muslims, particularly the Muslim SC Dalits
is another. Both are totally different
Problems. That, if the
Muslim SC Dalits want and seek Reservations, and the
elitist Muslim Leaders and their Mullahs
and Maulanas
allow them to identify themselves openly as Muslim SC Dalits.
The Muslim SC Dalit
Reservations – can either be separately as Muslim SC Dalits,
or by joining the ranks of their all other SC Dalits.
In fact, there will be no Administrative or Social or
Religious Problems, in implementing and enforcing them, as SC Dalits, if they chose to join the ranks of all other SC Dalits Brethren.
After all, and for the last Sixty Years and more, their fellow Muslim ST
Dalits had been enjoying the benefits of Reservations
as ST Dalits, along with other ST Dalits. Hence it would be quite OK!
In the same vain, are all the Issues of Development of
Christian Minorities, and Reservations for the Christian SC Dalits. Generally, the Christians though Minorities,
and are these days under violent vicious inhuman attacks, in the hands of many
mainstream Religious fanatics, fundamentalists and fascists – are too proud to
ask for any Special or Separate Considerations by the Govt. And Definitely, they
are not asking for Reservations as Christian Minorities.
The Reservations for Christian SC Dalits,
is a Different Thing, and altogether a Separate Issue.
MANIFOLD PROBLEMS OF THE CHRISTIAN SC DALITS AND THEIR
STRUGGLES
Let us now see what the Christian SC Dalits and their Women feel and say, about their life and
existence in the large caste based brahmin
controlled Indian Society! And what they
feel about the way the Govts treat them; and also
their experiences in their own Church and Christian Minority Communities, which
does not treat them really as an integral part of their Minority Christian
Society, and Church.
The Christian SC Dalits
often, are neither treated as full nor equal Christians in the Christian
Minority Circles itself and within the Church; not really treated as Backwards
by the OBCs; and not
considered as SCs by the Govts. That, even though it is very well known that,
the entire hindu Indian Christian and even Muslim
Communities, rest of the Society, and the whole World around them treat them
only as SC Dalits and nothing else!
The Indian Society always considers every Christian SC
Dalit only as a SC.
That even when, some odd well educated, comfortably employed, rich
wealthy and well placed Christian SC Dalits, decide
to impersonate and pass on, as elitist Christians, claiming to be non-SCs, and with some other caste hindu
background! In fact here in
In view of the above, the non-Recognition of the
Christian SC Dalits by the Govt as SCs, is
seen by most of the Christian SC Dalits, as the very
denial of their Identity, negation of their Social Existence. It is a deliberate denial of their real
position, in the always highly caste conscious and caste oriented Indian
Society. It is a specific denial of the
obvious and actual caste status of Christian SC Dalits
even amongst the Indian Christians, including and within the
Indian Administration, Indian Bureaucracy, and Indian
Govt, had all along been very comfortably turning a blind eye, by showing its
Nelson Eye! Hence today, the Christian
SC Dalits face a big Human Rights Problem! Hence, they have been
preferring Petitions before the Govt.
they had been going to various Authorities, such as their own respective
State and UT Chief Minister, other powerful Chief Ministers in the Country,
MPs, Central Ministers, Party Leaders – who appear to be a little Secular and
sympathetic to the Christian SC Dalits’ Causes, and
to every Prime Minister and President irrespective their Caste and Community
and Religious Orientation and Dispensations.
The Christian SC Dalits,
Party Leaders have been protesting, and sitting under mass and relay fasting in
front of the Churches, Govt Offices all over the Country; and Parliament,
Parliament Street, and also the Boat Club and Janthar
Manthar at Delhi.
And they have now Directly Moved into the Courts – right up to the
highest forum, seeking Justice – in the Supreme Court of India.
Sadly the Struggles of Christian SC Dalits have not been Documented at all, in any archives or
compiled by anybody!
All these years and decades nothing has happened, as
nothing concerning the people, poor, and Weaker Sections moves in this Country,
except the ever present invisible Caste!
And all that the Indian Govt had been doing so far was, to turn slowly
like a worm now, and move like a Snail, though nearly Six Decades have rolled
by, since the biased distorted non-secular religiously discriminatory
Presidential Order on Scheduled Castes was issued in 1950! In spite of all the Struggles of Christian SC
Dalit Groups since 1950, nothing had happened till
date.
SUFFERINGS OF CHRISTIAN
SC DALIT WOMEN
Meanwhile, the Christian SC Dalit
suffers like any other SC Dalit! Only that they suffer more – first a SC Dalit, then as a Christian, much more in the hands of
fundamentalists for having converted, and finally under fire and threat
nowadays from the fascists and their outfits!
And the Christian SC Dalit Women,
suffer much more! The conscious ones
amongst them, see their sad lot as a serious case of
gross Human Rights Violations! Hence, it
is said that –
The Life of any Christian SC Dalit
Women is nothing, but Sufferings –
1.
As a Woman, at every
turn, in the Male Dominated World –
a.
Denial of
Opportunities, and
b.
being Subjected to
every type of Exploitations
2.
Being a Woman, in the brahman influenced
a.
Recognition as an
Human,
and
b.
Personality as an Individual
3.
As a Christian, in the hindu dominated
a.
Dignity
b.
Respect
c.
Humanness
d.
Equal Citizenship, and
e.
Fair and Just Treatment
4.
As a Dalit, within the brahmanic
social order, Denial of every form of Justice – Civil, Social, Economic,
Political and Human Rights
5.
As one born in a SC Dalit Family, and based solely on Birth, see the on going
endless Plain Killings and Murders, in
the brahmanic Caste based Country –
a.
due to unrestrained
Caste Anger
b.
because of Jealousy
about
Education Growth and Development of SC Dalits
c.
to block and undo,
whatever little the State has been compelled or forced to do, due to –
i.
Legal Provisions
ii.
Constitutional
Compulsions
iii.
Inevitable Demographic
Electoral Forces, in a Democratic Framework, and
iv.
the associated
Pressures of the Hustlings
6.
As one from the SC Dalit Communities, being deliberately subjected to end as
biggest and the most severe Victims, of all Caste Atrocities, now being unleashed
rather very regularly and most frequently, in a systematic manner, due to the
increasing all-round SC Dalit Assertion of their individual group collective and personal –
a.
Civil Liberties
b.
Human Rights, and
c.
Demand for Land, and or
d.
Intolerances to SC Dalit Developments
7.
As one coming from SC Dalit Areas, Oppression and every form of ingeniously open
crude criminal Caste Discriminations, Community Neglect, and Social Marginalisations
8.
As one hailing from SC Dalit Communities, being subjected to public humiliations,
all forms and every type of Sexual Exploitation and Harassments, unleashed whenever
caught unawares
9.
Only because of the
fact – being a SC Dalit Woman, casual Rape in rather
a routine manner, or Murder after Rape, at the slightest insecure, unprotected
and unsafe situations, in so many types of the well worked-out, meticulously
thought of, pre-planned, and carefully laid-down Traps, in the jungles, open
fields, at isolated and lonely settings,
that provide lots of opportunities to the dominant caste hindus,
farm houses, and even residences –
strangely worked out by and for the benefit of both the caste hindu males and even their females!
10. Being a Christian SC Dalit
Woman, Inhuman Rape, Gang-Rape, oftentimes even Mass-Rape at Work Places, even
Temples, at times Publicly – in the Fields, Farm Lands, Playgrounds, Roadsides,
Bus Stops, Railway Stations, Market Places; also in Public Institutions like
Schools, Colleges, Universities, Hospitals, Offices, Police Stations
11. Being an Assertive Christian SC Dalit
Woman, harassments and persecution and even gruesome Rape, sometimes before the
very Family Members of the Dalit Women – Parents and other Relatives, and at times in
front of the Male Members like Brothers, Fathers, even Husbands and very small
or growing or grown-up Children, as a form of Punishment, Revenge; or to Teach
a Lesson(s) to Individuals, or to the SC Dalit
Family, or to the whole SC Dalit Community; or to
Send a Message to the entire SC Dalit Communities to
behave, also to force them to meticulously adhere to and carefully keep their
Caste delineated, and the brahmin determined Places
in the Caste-hierarchy and Village Social Structures, that even
Urban-Rural/semi-Urban Areas
12. Being an Independent and Assertive Educated Christian
SC Dalit Woman, Victimisation in various other forms
of ingenious types, both open and discrete types
In addition to all the
above and amongst others, the endless and continuing Problems of the Christian SC Dalit Women also
include –
1.
Denial of Humanity, and basic Recognition
of an Individual as an Human Being
2.
Treated not even as a
Domestic Animal, like Cats Cows Dogs and Donkeys that are being properly taken care of
as Wealths and valuable Resources
3.
Neglected even beyond
dangerous Animals, like Snakes that are offered Milk
4.
Being considered worse
than worms insects birds and other animals, that are offered food sugar etc
5.
Specifically Barred
from Education, for having born in a SC Dalit Family, and SC Dalit Community
6.
Refused Employment in
the Public Sphere
7.
Wantonly and
Deliberately Underpaid
8.
Even the Low Wages Not
Fully Paid
9.
Refused all Individual
Respect
10. Not Shown any Compassion
11. Physically Pushed Around
12. Denied of Human Dignity
13. Deliberately harassed
14. Not provided any help even during Natural Calamities
15. Denied of even the Group Identity, as a SC Dalit in which Community one is born and is living
16. Problems in Having a Place for Prayers Meditation
Thinking and Worship
17. Problems in having Peace Tranquillity Cleanliness at
ones Place of Worship
18. Lack of Safety and Security to ones Place of Worship
19. Freedom to Enter Places of Worship like others
20. Right to attend Prayers and Masses, at anytime
anywhere
21. Right to attend any Function Prayer, and be a Part of
any Congregation like the Midnight Mass on 24th-25th
December, Christmas Eve
22. Harassments at
23. Denial of Promotions in Job
24. Denial of Equal Jobs and Equal Wages
25. Denial of Respectable and Good Postings
26. Denial of Compassionate Employments and Postings
27. Lack of Tenure in Job anywhere, in anyplace, in any
office, and in any post
28. Fear of Punishment Postings, Useless Jobs, Risky and
Dangerous Assignments
29. Transfer to far-off godforsaken distant remote
inaccessible places and to Terrorist and Naxalite
infested Areas
30. Right to Build Manage Protect and Administer Places of
Worship, other Religious Institutions and Minority Centres
31. Right to Enter any Places of Worship, Religious
Institutions and other Minority Centres –
a.
of the Church to which
one belongs, as Christian SC Dalit Women
b.
of those of other
Churches only because of being Christian Women, and also
c.
of other Religions as
an ordinary Human Being and Citizen of the Country
32. Many Silent
Harassments, including discreet molestations and unpleasant persistent Sexual
Advances, that too within their own Religious Institutions, Church
Establishments, and the Church itself, by even Church and very senior Religious
Authorities, who have all the Powers and big Influences in the Society and with
the Govts
These are only illustrative and not complete! They suffer many more untold and unlisted
harassments and have to put up with many unpleasant and uncomfortable traumas.
If at least half of these are true, we are left with
the nagging Question – what had all the intelligent meritorious, highly
experienced, hundreds of bureaucrats at the helm of affairs, and advising their
Ministers and Govts, been doing all these Decades, in
Free Independent India, and Indian Republic?
Were they sleeping or err all these sixty years, or mischievously
manipulated things to sideline the Demands and Plea for Reason, or suppressed
the Cries of Agony of Millions of Christian SC Dalits? Was, and is still there any Design in the
Thoughts Actions and failure to Act?
WHY ARE THINGS SO?
Why are things so?
Caste System, Caste biases and prejudices are there and well known! Can they not be tackled with even in the
twenty-first Century? The realities are
sadly a very big and definite No! That,
in spite of these Fact, thanks to the Muslim/British Rulers, many of the
different Christian Missionaries, Mahatma Phule, EVR Periyar etc, the SC&ST Dalits
have become Conscious today, though not really vigilant to the extent required,
and match their immense problems and accumulated huge Social Burdens! The SC&ST Dalits
and their brothers and sisters in the Minority Christian and Muslim Faiths,
continue to be totally neglected! That
is because of the still continuing vested interests; the prevailing elitist
feudal influences; and the strong stranglehold of the caste system and the
cancerous hold of powerful castes on Land Water Economy Parties Leaders and Govts!
That is why many Minorities are Angry, and SC&ST Dalit Activities, including Christian SC Dalits consider that –
Wo/Men are far superior to any of the Machines!
They have brains and
hence can think, reason, infer,
Be intelligent; decide
correctly to act appropriately right,
Can make machines, operate,
improve or repair them alright!
But they often act too
wrongly and an inferior manner, and turn,
Arrogant, autocratic,
aggressive, to not even learn anything rightly!
They turnout very often
to be inefficient, incapable, ignorant, incorrect,
So stupid to fail even
repeatedly, become biased corrupt and totally useless!
Under the above Circumstances, the Questions arise –
What now needs to be done? And what does the Constitution, that Govern
us and all the Govts and Courts that draw their
Legitimacy and Power from it say?
CONSTITUTION AND
RESERVATION
What does the Constitution say about
Reservations? And let us even see what
Reservations actually are! Are the
Reservations by anyway Against Equality and or Equal Opportunities to all
People? Are they Special Provisions to
the Special Classes of People in special circumstances and strange social
situations – the Socially and Educationally Backward
Classes like the SC&ST Dalits? Are the Reservations then Exceptional
Provisions, in Contradiction to and in Conflict with the larger Principles of
Equality and Equal Opportunities to the People?
Are the Reservations then Exceptional Clauses, made to help Develop the
SC&ST Dalits and other Backward Classes? Is it necessary to Restrict and Control
Reservations?
The above and many more Questions on Reservations, have been already addressed by various Courts
in the Country at various times, sometimes more than once. That at times, though these issues were not
specifically agitated by anyone in the Courts, so specifically! But many honourable learned Judges themselves
were so much agitated that, they themselves took up many of these issues on
their own, and tried to examine adjudicate, and in fact pronounced their Views
on these Issues. For, Reservations Draws
so much of emotions in this Country, that even the Judges are not free from
them!
We must accept the fact that we live in a Nation that
had been historically and traditionally been exploitative, oppressive and
unjust, denying basic Civil Rights and Human Dignities to millions of Poor
Helpless People. in
fact they have been further suppressed and Marginalised. This for nearly four
millenniums. And we still discuss
these, in the third millennium after Christ.
Remembering Christ, we can not but think of SC Dalit
Christians, their Plea before the Administrative, Political Judicial
Authorities
The Preamble of any Constitution is said to contain
and reflect the Soul and Spirit of the Constitution. Our Constitution, moved by Baba Saheb Dr BR Ambedkar, for
adoption on the 25th of November 1949, and brought into full force
on the 26th of January 1950, the Republic Day, having been adopted
by Our Constituent Assembly on the 26th of November 1949, says that
it stands –
……………………….
to secure to all its citizens :
JUSTICE, social, economic and
political;
EQUALITY of status and opportunity;
and to promote among them all
FRATERNITY assuring the dignity of
the individual and unity and integrity of the Nation;
IN OUR CONSTITUENT ASSEMBLY this
twenty-sixth day of November 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES
THIS CONSTITUTION.
EQUALITY AND
RESERVATIONS
Here, while examining and talking about Equality, we
must bear in Mind that Equality does not exist in the Indian Society, but is
only a Constitutional Dream, and a Direction and Goal for the Govts to Achieve over a Period of Time!
Reservations for SCs and STs, Minorities, Most Backward Castes, Other Backward
Classes, are only Constitutional and Legal corrective
measures available to the Govts through the
Constitution, to bring about desirable and necessary Changes in the Society, in
Peaceful and
What reinforces the Govts is
the fact that the Changes desirable are Constitutionally
mandated, very specifically! We must
always Remember that –
1.
The Constitutional
Provisions on Equality, are all actually big Liberal Democratic Dreams of the
Poor People of the Country, rightly recognised so, by the Founding Fathers of
the Nation
2.
Provisions on Equality, are very important Constitutional Directives to
the State and Govts, to Achieve and Ensure the
Creation of a Just Free Equal and Egalitarian Democratic Society
3.
The Philosophy and Provisions of Reservations in the Constitution, does
not just pay simple lip sympathies and homage to Equality in the Society, but
Aims at bringing about Equality and
4.
provide Equal Opportunities to the Masses, in this Country also
5.
The Constitution Aims at Equality, which never existed, never been a
Reality in the Country, and will never be a Reality for Ages to Come, but
always been a big Aspiration and Dream of the
6.
People
7.
The Constitution Dreams
of ushering in Equality in the Society, amongst different Sections of the
People, in a Nation where Equality is even now an anathema to the dominant
castes
8.
in power, and to those who claim themselves to
be the elites, and also to their old friends beyond their folds
9.
Equal Opportunities in the Constitution do not mean, sadistically
allowing People, just to hear and see the Developments, but from safe
distances; or look and listen about all the Growth in the
10.
Country or abroad in TV
11.
Equal Opportunities, actually means taking an active and full part in
the Development and Governance on the one side, and having Shares of both the
Developments and also in enjoying the Benefits of all Developments
12.
Reservations are one of the few Operational Provisions of the
Constitution, duly recognised by the Makers of the Constitution, to be a big
practical step and really a viable measure, in achieving their Constitutional
Dreams of Equality, and taking Democracy to the Door Steps of the poor and
marginalised, including all Minorities
13.
Reservations are not
exceptions to the Constitutional Dreams of Equality, as the brahmins
and their DCH Friends will like the World to Believe, but are the most
important practical and Operational Provisions, to bring about the Twin Dreams
of Equality and Democracy to the Common People, as Realities in this Country
also
14.
Provisions on Equality in the Constitution, are being regularly and
systematically Misused by the ruling classes and castes time and again, with
the full Support of all the other wings of Govt and Society, like Media and
Courts, to Prevent the State and Govts from taking
any effective and strong fool proof Steps, to bring about Equality and Equal
Opportunities for all, including the marginalised Weaker Sections
15.
Without the Provisions of Reservations, the Concepts of Equality and
Equal Opportunities in the Constitution, will be totally meaningless and be of
no use, and benefit only the exploitative elites and their other dominant
partners, to continue with their Oppressive Ways of Lives for Ages to come in
the future also
16.
Without Reservations, Equality and Equal Opportunities will never become
Realities, in this historically and traditionally unjust unfair and unequal
Country
17.
The Provisions of
Equality and Equal Opportunities in the Constitution, have in fact been made basically for the benefit
of the SC&ST Dalits and all other Backward Classes
in this Country, who had been and are still being unjustly and unfairly
discriminated and denied all Justice, Equality, and Equal Opportunities, in a
traditionally historically and systematically most cruel and very deliberate
Planned Manner
18.
All the Provisions of Equality and Equal Opportunities in the
Constitution, have to be read harmonically holistically and in tandem with the
other important Provisions on Reservations, to Understand the Spirit of the
Constitution in ending the historic traditional agony of suffering and
marginalisation of the Weaker Sections – the SC&ST Dalits,
and all other Backward Classes, including many Minorities in this Country
19.
Without addressing and aiming to end the continuing Problems and Agony
of historic traditional discriminations and marginalisation of the SC&ST Dalits, and all other Backward Classes including many
Minorities in this Country, Freedom Independence Democracy Constitution and
Republic will all be of no use and meaningless to such massive numbers of
people in this Country, reduced to faceless poor sick suppressed and persecuted
Masses
20.
The basic Features of the Constitution, even in the Preamble, are
Freedom Liberty Equality and Justice, which are more Relevant and pressing
urgent Requirements, if not specifically needed by the Weaker Sections –
starting from the exploited SC&ST Dalits to
oppressed OBCs, and the many Minorities deliberately
and in a calculated manner sidelined and neglected
21.
The Constitutional
Dreams of Freedom Liberty Equality and Justice in reality, can actually become
Realities, particularly to the SC&ST Dalits, only
through the Mechanism of Reservations, and hence Reservations are the most
important very Basic Feature of the Constitution
22.
The Reservations now available to the SC&ST Dalits,
are actually not the ones originally Demanded by Baba Saheb
Dr BR Ambedkar for the then Depressed Classes, and
granted by the British in 1932 as Part of the larger Communal Award
23.
The Reservations available now, are only the moth-eaten one of the
original Constitutional Model cobbled about by the then British Govt in London,
under Sir Ramsey McDonald, the then British Prime Minister
24.
Everyone in the Country are fully aware of the benefits that had accrued
to SC&ST Dalits, even by the half hearted
Implementation of Reservations; and that is why almost everyone else who had
been ridiculing denigrating abusing and opposing the Reservations and SC&ST
Dalits, are now openly seeking, protesting for, and
fighting to get Reservations for themselves
25.
One can only Imagine what
the Real Benefits could have been, if only the Original Reservations of the
British Govt in England, was allowed to be Implemented with an open heart, or
even if the present moth-eaten Reservations were honestly enforced
26.
The ruling classes, dominant elites, and their friends have invariably
been highly intolerant, and too jealous, of even the little Education, small
Developments, and the petty benefits trickling down to the SC&ST Dalits – by way of Education, Employment through and only
because of Reservations
27.
Restricting Reservations, or distorting them, delaying, diluting,
neutralising, weakening, sabotaging, subverting and in fact derailing and
scrapping Reservations, have always been the Attempts and Dreams of the ruling
classes, dominant elites, and their friends
28.
The ruling classes, dominant elites, and their friends and partners,
instead of being ashamed of their still continuing Discriminations and
Exploitations, are openly coming out in the Public to Oppose SC&ST Dalits; and scrap, or at least distort to destroy the
Reservations for SC&ST Dalits, and all other
Backward Classes, including many Minorities in this Country
29.
In spite of Constitutional Provisions for
Reservations, to restrain control and stop the ruling classes, dominant elites,
and their friends, from cheating exploiting and suppressing the SC&ST Dalits and other Backward
Classes including many Minorities in this Country, the ruling classes,
dominant elites, and their friends have been allowed, to openly agitate and
oppose SC&ST Dalits and Reservations for them,
without any restraint and prosecution
30.
The ruling classes,
dominant elites, and their friends, have been steadily inching their way step
by step, to dilute neutralise and render Reservations ineffective, strangely
with the help of the Courts and Judges, both of whom are expected to end all
Discriminations, Injustices, Unfair Practices, Unjust Measures, and render
Justice to the Masses
In view of the above background and realities in the
Country, even in the third millennium, it is necessary that –
1. Reservations have to be
rightly seen as a Fundamental Political Right of all Dalits,
enshrined as a Constitutional Guarantee, for a Dynamic Display in a vibrant
Democratic Republic
2. Reservation have to be
considered as the Result of an hard earned battle for Justice, Dignity,
Equality and Liberty, fought in an organised way by the then SCs from the thirties and forties of the last Century,
under the Leadership of Baba Sahib Dr BR Ambedkar
3. Reservations help the
State to help the Marginalised Neglected Weaker Sections to Develop in a
Peaceful Orderly Just and Democratic Way
4. We must therefore
Develop further the Provisions of
Reservations, and take them to their logical end, using their Dynamics for
Ushering-in a true full Equality, in a living Democracy, to make the Nation a
vibrant living and growing Republic
5. Reservations must be
seen in all walks of life, and hence made applicable in every Sector in all
spheres. Hence they should not be
bargained away for a silent entry of the American Concept of Affirmative
Action. For, the American Model, in
Principle stops short of conferring an enforceable Constitutional Guarantee,
and does not make it a Fundamental Right, or even a Legally
enforceable Concept. In spite of these
Limitations, the Leaders, Intellectuals, the Govts
there and the Conscience Keepers of the Society there have made it more
effective in their Enforcement and Implementation. That Thanks to the Progressive Judges, Open
Courts, and their Liberal Judgements
6. We must enforce Reservations,
in all public dealings, and not keep them confined only to ST Dalits, and hindu
etc SC Dalits, and of late for limited benefit of the
OBCs. We must
not Leave Reservations in the hands of bureaucracy and Judiciary
7. Reservations must Not
be Confined only to certain Govt Spheres and Activities, that too in a very
limited way, up to a certain Arbitrary Levels, as it is now, due to the
Manipulations of the dominant community Politicians and their not so honest
Bureaucrats
8. We Must Retain
Reservations as mandatory Requirements, in all spheres of the Society
9. We must openly
Implement Reservations, in their true letter and spirit, as per the Poona Pact
of 1932, or at least as per the Constitutional Provisions, whatever the most
honourable elite old wise people in the Courts may say, from time to time, to
distort damage and destroy the Reservation and Constitution
10. We must not Allow
Reservations to be sadly Confused as a Tool for Personal Development – for the
Selfish Individual Growth of the Self, and Benefits of the individuals’
Families
11. We must all always
Remember and bear in mind that, Reservations are meant for the Whole Community
Development, irrespective of any Caste, sub-Caste, Tribe, part of a Tribe, or
any Individual of any Status or Standing
12. Reservations Must also
Not be Allowed to Divide People, Promote Antagonisms, and Start Fights or
create conflicts between Castes Communities and Tribes with in the SC&ST Dalit Communities, especially at the instigation and
manipulations of either the Politicians, Parties or the Officials, as we see in
some States and UTs
13. We Need Reservations,
till the Goals and Targets are Reached
14. We can not at any cost,
in the National Interest, Democratic Development and Social Good, afford to
loose Reservations, even before the Aims and Objectives of Reservation come
into sight
15. We have not yet Reached
the Point, from where the Targets of Reservations could even be seen, or have
come into view – what to talk of reaching them
16. Today, we can not
afford to even Discuss, Reservations without agreeing to Develop it further and
take them to their Logical End of ushering a Just honest equal Democratic
Society in the Country in the foreseeable near Future
17. We Must Not Allow any
one to Question or Bargain, to End Reservations in any manner, for any Reason
whatsoever
18. SC&ST Dalits, and OBCs don’t want to
loose or Dilute Reservations, or lay it at the feet of any manipulators
19. Reservations could be
Discussed only between Equal People capable of thinking Openly, and with Equal
Groups of People – believing in Equal Human Dignity, Equally Sharing the
Benefits of Development, engaged in Equal Measures in shaping the Future and
making the Destiny of the Nation for a Better Life of all in the Society
20. We must Never Allow
Reservations and Development, to be Discussed and
Handled by narrow selfish elements, or private profit oriented individuals, who
do not even know the real Utility and full Values or the Noble Salient
Differences between Reservations and Development, or What Reservations are all
about!
21. We should not allow
Reservations, to be Reduced into a poor copy of the Capitalistic Gift, or
Elitist Sympathy, or Ruling Classes Discretion
22. We must not allow
Reservation, to be reduced to a Political Patronage, spurred or affected by
Street Forces, or to garner the poor neglected peoples’ Votes just at the times
of hustlings
23. We must be careful,
therefore not to allow any SC/ST Dalit, OBC or
Minority to be reduced as the –
· Target of the Public
Show of shallow surface Sympathies of subversive academicians, activists,
bureaucrats, businessmen, entrepreneurs, industrialists, journalists,
politicians, or so called ‘intellectuals’ etc
· Beneficiaries of the
Public Drama of false Patronage of the erstwhile exploitative rulers, stepping
into public realm to protect their own unfair undemocratic past privileges, and
all their illegally grabbed properties by force and coercion
· Receivers of Tit Bits,
Crumbs, and Leftovers, thrown out selectively by the swindlers of
society, wishing to wash their sins against the society
WHY RESERVATIONS ARE
NOT TAKEN SERIOUSLY?
Why then those Reservations are not being taken really
seriously and in their proper spirit? It
is because those Reservations are seen as very big threats to the continued
welfare of the elite ruling castes and feudal interests!
For the ruling classes, dominant elites and their
friends and partners, their own Parties Leaders Govts
Media and Courts are there ever and always, to act and talk of Protecting the Rights of the rich. That, while everyone keep talking, and go on
only promising to Safeguard and Guarantee the Civil Liberties and Human Rights
of the Weaker Sections.
Here therefore is a Contradiction – one side the
Question of ensuring and upholding the Rights and Protecting the stolen Wealth
and Riches of the aggressive Exploiters and Oppressors; and on the other the
Question and Propriety of assuring and ensuring the Constitutional and
Political Public Election Promises to the Weaker Sections someday.
Understandably all our Political Leaders, Parties, Govts, Media, Lawyers, Courts and Judges, dishonestly, at
times secretively, almost in a conspiratorial manner, and on the sly, stand by
and take the side of the rich wealthy and powerful. That, even to
support and protect the thugs and mafia of every variety colour and shade. Thus the People always stand to loose!
THE REMEDY
The only Remedy Left, and legally peacefully and democratively available for the People, is to Demand
Reservations. Else, for them, there
always is the Call of the Radicals and extreme Left. Even though we may choose to Condemn them as Naxalites,
Radicals, and War Groups; or as the anti-Rich anti-Establishment and hence
anti-Nationals or Terrorists, their appeal is proving to be too strong for the
Youth of the Poor Have Nots from the Most
Marginalised Backward Classes.
It is in Govts’ own Commitment, and the Establishment’s own Interest to Provide
Reservations, separate exclusive or otherwise to every Group and Community,
which is – educationally and socially backward, as mandated in the
Constitution. The ruling elite can not,
should not, and in fact not be allowed to anymore sit back and watch others
sufferings, and continue to enjoy their privileges more further!
It is here that the Leaders, Political Parties,
Educated well employed Officials and Activists from amongst SC&ST Dalit Communities along with their own Minority brethren
can collectively ply a big role in the Country peacefully and effectively!
And it is also a reality that, because of Baba Saheb Dr BR Ambedkar, and the
Reservations for SC&ST Dalits, particularly in
Professional Education and general Employment, the SC&ST Dalits taken together, have the second largest numbers of
Doctors Engineers and important Officials in the Country. This, though as a Community they are found to
be, adversely lagging otherwise very badly in Education and Literacy in many
parts of the Country. But the Problem is
–
Educated SC&ST Dalits and their Leaders are big fools! They can find big hopes of Survival, even
when being butchered and hacked to death!
That is why the discriminations and untold sufferings of SC&ST Dalits had continued for more than four millenniums, and
prevails even now, after six decades of
That is the big problem, the grassroots SC&ST Dalits of every shade say!
Some may feel that this is a very unfair condemnation. But one must try to see the sufferings and
sense of betrayal, and agony of all those SC&ST Dalits,
who feel so strongly!
With growing awareness on the one side amongst
SC&ST Dalits, and the stirrings amidst many
Minority Communities getting bold and assertive, Govts
must provide Reservations to all Minorities, MBCs in
their own rights as deserving communities, and to Christian SC Dalits as SCs, at par with Sikh
and Buddhist SCs, and in line with the case of ST Dalits!
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* Mr Manohara Prasad was the first Director of Dr Ambedkar Foundation, then located at 25,
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