Ban Caste based Reservation

 

DECCAN  INQUIRER

Weekly e news paper

Editor: Nagaraja.M.R.. special edition. 02...........09.03.2021

 

 

PIL – Ban Caste based Reservation

 

IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION

 

CRIMINAL WRIT PETITION NO. OF 2021

 

 

IN THE MATTER OF

 

 

NAGARAJA . M.R

 

editor  DALIT ONLINE & DECCAN INQUIRER ,

# LIG 2 , No 761 ,, HUDCO First Stage , Laxmikantanagar ,

Hebbal , Mysore – 570017 , Karnataka State

.

....Petitioner

 

Versus

 

Honourable Chief Secretary , Government of Karnataka ,

Honourable Pricipal Cabinet Secretary , GOI  & Others

 

 

....Respondents

 

 

 

PETITION UNDER ARTICLE 12 to ARTICLE 35 & ARTICLE 51A OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF A WRIT IN THE NATURE OF MANDAMUS UNDER ARTICLE 32 & ARTICLE 226 OF THE CONSTITUTION OF INDIA.

 

 

To ,

Hon'ble The Chief Justice of India and His Lordship's Companion

Justices of the Supreme Court of India. The Humble petition of the

Petitioner above named.

 

MOST RESPECTFULLY SHOWETH :

 

1. Facts of the case:

   Dalits & backward caste people  have suffered innumerably for centuries  at the hands of forward caste people. It  was nothing but APARTHEID policy.

   Muslims and other  people  whoes numbers were minor  also suffered persecution.

   Our constitutional framers  to provide  equal oppurtunity to all indian citizens gave certain transient  measures like reservation in schools , college , jobs , etc to these persecuted people.

   Now even after 73  years of independence &  reservation , affirmative policies of government still  many dalits , minorities are  suffering. Creamy layers of  dalits , muslims  with political connections  have over used , reservation benefits to the maximum denying their own dalit , muslim brothers , sisters of reservation benefits. As  a result  few dalits , muslims  have become well educated , rich while their  poor brothers suffer in ghettos , slums.

   Private sector   which  enjoys loans , subsidies , other benefits from government  , public banks  are not bound  by reservation policy , are not bound by social obligation to provide reservation to dalits & muslims.

   Successive governments  are indirectly  segregating people with new names & using them as vote banks. Affirmative actions of government  are creating inequalities in society, while constitution of india mandates to treat all citizens as equals.

   Government  is diluting the  intentions of reservation policy by bringing certain castes  who were warriors , royals , rulers  under the ambit of preservation. They were not Persecuted  but they  in fact  persecuted the weak.

   There are poor , economically weak people in all castes & religions. By fate of belonging to forward caste such poor  people  are further oppressed by government  itself in the name of reservation policy.

   Ideally  caste based reservation must be banned and only affirmative policy based on economic conditions must be enforced.

 

2. Question(s) of Law:

Why NOT  reservation policy  cover all dalits , muslims & minorities ?  Why NOT uniform civil code ?

 

3. Grounds:

 

Request for  Protection of Fundamental & Human Right of Equality of all Indian Citizens  in all spheres..

 

4. Averment: 

.

a . Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ of Mandamus” and to issue instructions to the concerned public servants in the following cases to  enact UNIFORM CIVIL CODE.

b.  to  give reservation benefits like job reservation , subsidized loan , preferrential industrial / residential site allotment , etc  only once , only one benefit  that too to only one family member. This  avoids  a single dalit with political connections using multiple reservation benefits and  same  family members using reservation benefits. Once a dalit gets reservation benefit he must come up on his own and must strive to bring  up his other family members. This way reservation benefit will  reach other poor dalit families  who have not received  a single reservation policy benefit.

c. to order government to stop appeasing one minority community  by subsidized pilgrimage ,  marriage support , etc while denying the same to other community.

d. The intent of our constitutional framers was to  bring oppressed  on par with forward caste  people towards a dignified life  but never to  put them above others  crushing , oppressing  poor forward caste people. This goes against constitution & creates new  way of  APARTHEID & new outcasts.

e. to order government  to enforce reservation policy in job , school seats , to private sector also.

.

 

 

 

PRAYER:

In the above premises, it is prayed that this Hon'ble Court may be pleased:

 

a . Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ of Mandamus” and to issue instructions to the concerned public servants in the following cases to perform their duties & to legally enforce  Uniform Civil Code.

b.  to  give reservation benefits like job reservation , subsidized loan , preferrential industrial / residential site allotment , etc  only once , only one benefit  that too to only one family member. This  avoids  a single dalit with political connections using multiple reservation benefits and  same  family members using reservation benefits. Once a dalit gets reservation benefit he must come up on his own and must strive to bring  up his other family members. This way reservation benefit will  reach other poor dalit families  who have not received  a single reservation policy benefit.

c. to order government to stop appeasing one minority community  by subsidized pilgrimage ,  marriage support , etc while denying the same to other community.

d. The intent of our constitutional framers was to  bring oppressed  on par with forward caste  people towards a dignified life  but never to  put them above others  crushing , oppressing  poor forward caste people. This goes against constitution & creates new  way of  APARTHEID & new outcasts.

e. to order government  to enforce reservation policy in job , school seats , to private sector also.

 

 

f. to pass such other orders and further orders as may be deemed necessary on the facts and in the circumstances of the case. 

g. There are poor , economically weak people in all castes & religions. By fate of belonging to forward caste such poor  people  are further oppressed by government  itself in the name of reservation policy.

   Ideally  caste based reservation must be banned and only affirmative policy based on economic conditions must be enforced.

 

 

 

FOR WHICH ACT OF KINDNESS, THE PETITIONER SHALL BE DUTY BOUND, EVER PRAY. 

 

Dated :  09.03.2021       ………………..FILED BY: NAGARAJA.M.R.

 

Place : Mysuru , India…………………….PETITIONER-IN-PERSON 

 

 

 

 

Shall We Change The Status Of Safai Sainiks Now? | Kancha Ilaiah Shepherd

 

Corona attack on India seems to have suddenly changed our understanding of Safai karmacharis of India. They are now seen as desh bhakts even by those who never recognized their desh bhakti. When the life of rich who treated them lowly and unworthy of respect and dignity are in danger as never before, they are recognizing what I call the Safai Soldiers along with doctors, nurses as praise worthy. Doctors always have been respected in modern times. Nurses too have status even earlier, though basically seen as female profession.

But the recognition of safai soldiers is the first ever in Indian history. This is a contribution of corona mahammari. Their work of cleaning and bleaching the roads that are seen as harbours of deadly virus day and night with hardly any protective gears, unlike doctors and nurses, is a valueless work.

Now the nation knows that theirs is a work of courage and sacrifice like the soldiers on the borders. But what is their life at home when life after work needs to be at least comfortable?. Did our nationalism recognize them as the saviors of nation like soldiers, politicians, teachers and saints and provide them a good life?

What is their place in our written texts of social, spiritual, political and economic life? Did any religious text give them at least ‘half status’ that the priests, mullahs and bishops and monks got?

How many divine men are on the roads to save the life of the nation at a time when the Satanic (in Christin and Muslim language) or rakshas (in Hindu language) corona is taking the life of rich and poor without discrimination quite brutally? With whom is Easwar, God, Allah live now? The priests, saints, bishops, mullahs, monks all are home ridden as all laymen, and the temples, churches and masjids, viharas are locked down. Easwar, God, Allah are virtually with the safai sainiks. Is that realization on us now in the world and in our nation?

No doubt religion will not die after corona, but if the worker on the roads are seen as more godly than the priests, bishops, Mullahs and monks and that will be a miraculous change.

They are the cleanest and neatest people ( particularly Indians) now because of which corona is afraid of them. Hereafter in the post corona world they should be most respected, having come from the former untouchable background (most of them in India).

In times of social isolation maintaining disease distance even from wife and children why and how these safai sainiks are working to save life? What value the nation should give them in the post-corona nation of nationalism?

Prime Minster, Narendra Modi, along with lock down of the nation announced that all top bracketed salaried people’s salaries from President of India downwards are reduced 30 percent. The State Governments have introduced their own  salary cuts. But is it not nationalistic step to increase 30 per cent of salaries of all safai soldiers? Why does not PM think of such a positive nationalist step?

For years Bejawada Wilson was fighting for changing the status and life of the nation’s safai sainiks. PM has done a tokenist job by washing four -five safai kamacharis’ feet at Kumbhamela some time back, but never thought of changing their real living conditions.

A real nationalist idea is that the most basic servants of nation should get a salary by which their children should be able to study in the same schools that the children of top politicians, bureaucrats, doctors, engineers and teachers of universities could study and change their occupation easily. Should not the rich of the nation psychologically prepare that their own children also  be ready to do the sacred job of safai soldier in future?

It is not just enough to praise that they are doing great nationalist  work with courage and commitment. It is not morally right to decorate them with a ten rupee note garland by the rich when they themselves are dead scared of life with a devilish virus. How many of them are ready to say ‘cut our salaries, tax us more and pay them much better salaries’ across the nation? Where are the lovers of matrubhoomi to ask for equal status to them with saints and sadhus as they are giving this matrubhoomi life in the face of major threat to life ?

The nation and nationalists know that their salaries always have been meager. Their earnings as of now do not allow them to eat well, shelter well and educate their children to change their parental occupation, which in normal times is disrespected and maltreated.

It needed a modern globalized virus which made the rich and arrogant humble. Till Covid-19 convinced that the more you air travel, the more you are vulnerable for attack of this satan. The best of the world hospitals cannot cure you. The safai sainiks working in airports could never think of traveling in those flights. Now all the flying rich are afraid of flights because of corona rakshasi.

Why are the safai soldiers not so afraid of this mahammari? They are born out of soil, live on soil and eat food the rich despised (including beef) and yet they are facing devil on the roads even without masks on the face. How?

The more you are on the soil, soiling your hands the more courage, confidence and immunity you have to fight this mahammari. Where from the courage, confidence and immunity came for this poor, despised mass, who live in slums, not in spacious bungalows? It comes from the poor’s common sense that they came from the soil and go to the soil if this mahammari attacks them. They know that it cannot kill all of them. They have lived through many such mahammaris, which did not touch the rich travelling in air conditioned  plane or train or bus, lived in air conditioned houses. But corona told them that they are less safe if they live unequal life like this. It told them that  not hospitals  would save them but the very poor whom they hated can save them.

Safai soldiers are doing that with equal commitment that the soldiers stand on our borders.

Imagine if the safai sainiks go on strike for one day asking for good pay and equal respect as human beings in these times of corona crisis. We all would die out of fear of corona everywhere on the roads. If we are nationalists let us resolve that we shall start reducing inequalities by upgrading the soldiers that are saving us in every street, all over the country, from this deadly virus.

 

Edited, printed , published owned by NAGARAJA.M.R. @  # LIG-2   No  761,

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