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SC agrees to examine if benefit of quota be given to communities who continue to be socially, economically backward

SC agrees to examine if benefit of quota be given to communities who continue to be socially, economically backward

Time of Indiaa day ago
The
Supreme Court
on Monday agreed to examine whether benefit of quota in
government employment
and admissions to state-run institutions be first given to those members of quota-covered communities who continue to be the most socially and economically backward.
A bench of Justices Surya Kant and Joymalya Bagchi has asked for a response from Union government on a joint petition filed by two people, one belonging to the SC community and the other an OBC. Following brief arguments from advocate Reena Singh. the top court had a was careful in its observations. "This is a sensitive issue requiring careful consideration." Singh said petitioners do not seek any change in quota percentage for scheduled communities.
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Further, Justice Kant said that many form SC, ST and OBC communities had been uplifted socially and economically by gaining the elite categories of government employment because of the reservation system. He added that they could provide for the best of education and facilities to their children, adding that it was probably the time to consider whether such a class of people should continue to avail reservation at the cost of their own community members who really require the provisions.
A seven-member bench, authored by Justice B R Gavai, only the second member from the Dalit community to become CJI, had on August 1, 2024 permitted states to sub-categorise castes within SC communities based on degrees socio-economic backwardness and and under-representation in government jobs to ensure that the larger pie of 15% quota went to the most backward.
At the time, the court had directed state governments to devise suitable criteria to bar the '
creamy layer
' among SCs from availing reservation.
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The petitioners have argued, "Candidates from affluent SC, ST and OBC families often secure reserved jobs and seats. Individuals from extremely poor backgrounds and needy aspirants seldom get a chance to get a job or admission to government colleges despite the
reservation policy
. This defeats the purpose of
social justice
and perpetuates inequality within reserved categories."
"By incorporating an economic threshold within reservations, the policy would align with the broader constitutional mandate of creating an egalitarian society. Furthermore, such reforms would prevent monopolisation of benefits by a privileged few, ensuring that
affirmative action
remains a dynamic and effective tool for
socio-economic upliftment
," they argued.
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Multiple documents allowed in Bihar SIR voter friendly: SC
Multiple documents allowed in Bihar SIR voter friendly: SC

Hindustan Times

time16 minutes ago

  • Hindustan Times

Multiple documents allowed in Bihar SIR voter friendly: SC

The Supreme Court on Wednesday observed that the Election Commission of India's (ECI) decision to expand the list of acceptable documents for proof of citizenship under the special intensive revision (SIR) in Bihar seemed 'voter-friendly' and gave electors more options to establish eligibility. Multiple documents allowed in Bihar SIR voter friendly: SC A bench of justices Surya Kant and Joymalya Bagchi observed that asking for only one document could be restrictive, but allowing voters to submit any one of several options was more inclusive. 'If they ask for all 11 documents, it is anti-voter. But if any one document is asked for, then…They are expanding the number of documents…it is now 11 instead of 7 items by which you can identify yourself as a citizen,' it remarked. The bench also pointed out that the list of documents is ordinarily prepared after taking feedback from several government departments to maximise coverage. 'This is a battle between a constitutional entitlement and a constitutional right-- between ECI's power of superintendence under Article 324 and the electors' right to vote under Article 326,' said the bench. The court is seized of a bunch of petitions challenging the ECI's June 24 directive ordering an SIR ahead of the upcoming Bihar assembly polls. Petitioners, which include NGOs, political leaders and activists, have alleged that the process, if left unchecked, could disenfranchise lakhs of legitimate voters and undermine free and fair elections. The discussion in the court on Wednesday centred on whether the SIR framework advances inclusion while remaining within the bounds of the law, and whether ECI has the statutory space to tailor procedures for a special revision distinct from an ordinary summary exercise. Senior advocate Abhishek Manu Singhvi, representing TMC lawmaker Mahua Moitra and some others, argued that the list was not truly inclusive because most of the 11 documents had extremely low coverage in Bihar. 'Aadhaar is the one document with the highest coverage in the last 15 years—50–60%, maybe more. Water, electricity, gas bills are excluded. Indian passport coverage is less than 1–2%. All other documents have between 0–3% coverage. If you don't have land, three of them are out. Residence certificates don't exist in Bihar. This impressive list of 11 is nothing but a house of cards,' Singhvi said. On the non-acceptance of Aadhaar, Singhvi said its exclusion would disproportionately impact genuine voters. To this, the bench replied that those excluded would have to approach the high court, unlike in Assam where Foreigners' Tribunals exist. The court also urged not to 'project Bihar' negatively, noting the state's strong representation in national services. Senior advocate Gopal Sankaranarayanan, appearing for Association for Democratic Reforms (ADR), contended that the SIR enumeration form had 'no basis in law' and alleged that 65 lakh voters had been removed 'just like this' without due process. He argued that removing voters required amending the Representation of the People Act (RPA), not issuing administrative directives. Calling for a stay on the exercise, he said: 'You cannot take me off the electoral roll just by giving a cut-off date. At inception, it's dead.' The court, however, noted that voter lists 'cannot be static' and periodic revisions were necessary. Advocate Prashant Bhushan, also representing ADR, alleged that booth-level officers had filled enumeration forms themselves, sometimes for deceased persons, instead of collecting them from voters. He also questioned how such a large number of people could be served notices and have their cases decided within a month, calling it a 'fait accompli' that would arbitrarily finalise the rolls. Bhushan reiterated his claim that ECI removed the searchable draft rolls from its website after a press conference by Congress leader Rahul Gandhi on 'bogus voters'. But the bench said it had 'no knowledge' of any press conference. On publication requirements, the court clarified that while online disclosure was welcome, the legal standard was defined under Rule 10 of the Registration of Electoral Rules, 1961. Senior advocate Shadan Farasat, appearing for one of the petitioners, argued that the SIR process itself was unlawful and unprecedented. 'The draft roll is meant for inclusion. If removal happens, then they have no recourse. These 65 lakh people being ousted is illegal,' he said. 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In its latest affidavit filed on August 9, the Commission stressed that the 1950 Act and the 1960 Rules do not require it to prepare or publish a separate list of the nearly 65 lakh persons not included in the draft rolls, or to state the reasons for each non-inclusion. It clarified that exclusion from the draft does not amount to deletion from the electoral roll and assured the court that no name will be removed without prior notice, an opportunity to be heard, and a reasoned order by the competent authority. The petitions by ADR and others challenge the ECI's June 24 notification initiating SIR under Section 21(3) of the 1950 Act. The petitioners argue that the ECI's demand for only 11 specified documents, such as birth or matriculation certificates, passport, domicile certificate, etc, as proof of citizenship lacks statutory basis. They further claim that this restrictive documentation requirement could disenfranchise a large number of legitimate voters, especially those from marginalised communities. They have also questioned whether ECI is empowered to conduct such a revision for verifying citizenship, arguing that this function rests with the Union government. SIR has become a major political flashpoint ahead of the Bihar assembly elections scheduled for later this year. Opposition parties in the INDIA bloc have staged protests in Parliament and written to Lok Sabha Speaker Om Birla seeking a special discussion on what they call an 'unprecedented' revision so close to state polls. Eight parties, including Congress, RJD, Samajwadi Party, DMK, Trinamool Congress and Shiv Sena (UBT), have warned that the exercise could be replicated nationwide. On August 8, Union home minister Amit Shah, addressing a rally in Bihar's Sitamarhi, launched a sharp attack on Opposition leader Rahul Gandhi and the INDIA bloc, accusing them of opposing the revision because 'names of infiltrators' were being removed from the lists. 'Infiltrators have no right to vote. Names of infiltrators must be removed from the voters' lists. But the Rashtriya Janata Dal and the Congress are opposing SIR in Bihar because the names of infiltrators are being deleted,' Shah said. While the government has accused the Opposition of politicising electoral reforms, the Opposition contends that the SIR's timing, methodology and documentation requirements threaten the fundamental right to vote of genuine electors, particularly among the poor, migrants, and minorities.

Partition Horrors Remembrance Day: The Forgotten Betrayal
Partition Horrors Remembrance Day: The Forgotten Betrayal

Time of India

time2 hours ago

  • Time of India

Partition Horrors Remembrance Day: The Forgotten Betrayal

1 2 3 4 5 6 Dharampal Singh As India observes Partition Horrors Remembrance Day on Aug 14, the nation must confront an uncomfortable truth long buried beneath conventional narratives of Hindu-Muslim discord: the systematic betrayal and persecution of India's Scheduled Castes during the traumatic division of 1947. This overlooked tragedy offers profound lessons for contemporary politics, particularly regarding the dangerous revival of the 'Jal Meem Jai Bheem' formula, a slogan that embodies the very alliance politics that led to catastrophic suffering for Dalits nearly eight decades ago. The architect of history's first systematic Dalit-Muslim political alliance was Jogendra Nath Mandal, who became Pakistan's first law and labour minister. A prominent advocate for SCs, Mandal made what would prove to be a catastrophic miscalculation: believing that Muslims and Dalits, both perceived as oppressed minorities, could forge a natural partnership against Hindu social dominance. This ideological foundation that shared minority status automatically translates into mutual solidarity forms the conceptual bedrock of today's "Jai Meem Jai Bheem" movement. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Access all TV channels anywhere, anytime Techno Mag Learn More Undo During the tumultuous partition period, Mandal emerged as a key Muslim League leader, instructing his SC followers to vote for Pakistan's creation. When communal violence erupted across Bengal, Mandal toured extensively, urging Dalits to refrain from retaliating against Muslims, arguing that both communities were equally victimized by oppression. His rhetoric of unity and brotherhood convinced hundreds of thousands of Dalit Hindus to remain in East Pakistan (now Bangladesh), trusting in the Muslim League's promises of equality and protection. The Muslim League's courting of Dalit support was strategically calculated. Recognizing that SC comprised significant voting blocs in Bengal and other regions, Muslim leaders crafted elaborate promises of social equality, economic opportunity, and political representation. They painted Pakistan as a progressive state where caste hierarchies would dissolve and merit would triumph over birth-based discrimination. These assurances proved to be sophisticated political deceptions designed exclusively for electoral gain. THE BRUTAL REALITY OF BETRAYAL The promised land of equality swiftly transformed into a nightmare of persecution. By 1950, Mandal found himself compelled to resign from his ministerial position and flee to India. His resignation letter to PM Liaquat Ali Khan, dated October 8, 1950, documents horrors that constitute one of the 20th century's most underreported genocides. The systematic nature of the atrocities was particularly chilling. In Sylhet district alone, Mandal reported that of 350 Dalilt settlements, merely three survived intact, the remainder had been reduced to ash. Armed police and military personnel perpetrated brutalities against Hindus, particularly Scheduled Castes. Men faced forture, women endured mass rape, homes were plundered, and hundreds of temples and gurdwaras were desecrated before being converted into slaughterhouses, meat shops, and hotels serving non-vegetarian food a calculated assault on Hindu religious sensibilities. Specific incidents revealed the organized nature of persecution: in Gopalganj's Digharkul, armed police destroyed an entire Namasudra village on fabricated charges, in Parisal's Gournadi, Scheduled Caste settlements faced assault under political pretexts, during Dhaka riots, jewellery shops were looted and burned while police officials watched passively. The violence wasn't spontaneous communal frenzy but systematic ethnic cleansing targeting those who had trusted Muslim League assurances Mandal's documentation reveals the psychological torture accompanying physical violence. Dalits who had supported Pakistan's creation found themselves branded as traitors by fellow Hindus while simultaneously facing persecution as "kafirs" "jimmi" by Muslims. This double alienation created profound identity crises within communities that had genuinely believed in secular, inclusive Pakistani nationalism. Between 1947 and 1950, approximately 2.5 million refugees fled East Pakistan for India, with Scheduled Castes comprising a disproportionate majority. These statistics represent more than mere displacement; they constitute evidence that the Muslim League's pledges of security and equality for Scheduled Castes were calculated deceptions designed solely to secure electoral support before partition. AMBEDKAR'S PRESCIENT WARNINGS BR Ambedkar had anticipated this catastrophe. In seminal works including 'Pakistan or the Partition of India' and 'Thoughts on Pakistan', he warned that Muslim politics was fundamentally communal in character, willing to accommodate Scheduled Castes only as long as they provided political advantage. Ambedkar's analysis proved tragically prescient, aligning perfectly with Mandal's eventual experiences. Ambedkar understood what Mandal fatally overlooked: the religious and cultural values of Dalit and Muslim communities were so fundamentally divergent that genuine equality and coexistence represented nothing more than dangerous political illusion. He cautioned Hindu Dalits that regardless of how extensively Muslim leadership performed brotherhood theatrics, they would ultimately treat Dalits as "kafirs" or "jimmi" (infidels) deserving no consideration in an Islamic political framework. The constitution architect's warnings extended beyond religious incompatibility to structural political analysis. Ambedkar recognized that Muslim communalism, disguised as minority solidarity, would inevitably prioritize religious identity over social justice concerns central to Dalit aspirations. CONTEMPORARY ECHOES OF HISTORICAL FOLLY Today's resurrection of this failed formula demands urgent scrutiny. The "Jal Meem Jai Bhim" slogan, combining Muslim solidarity ("Meem" referencing the Urdu letter) with Dalit empowerment ("Bheem honoring Dr. Ambedkar"), represents the precise ideological framework that Mandal employed during Partition. Though this exact phraseology wasn't popular then, its conceptual foundation permeated the Muslim League-Mandal alliance, the belief that Muslims and Scheduled Castes, both minorities, could become natural collaborators. Unfortunately, contemporary Indian politics witnesses several parties attempting to revive this demonstrably failed strategy. Maharashtra sees growing proximity between Asaduddin Owaisi and Prakash Ambedkar, Uttar Pradesh experienced the Bahujan Samaj Party's unsuccessful attempts at forging alliances between Scheduled Castes and Muslims, the Samajwadi Party's PDA (Pichda-Dalit-Alpsankhyak) formula seeks to harness both communities merely as vote banks. Recent electoral evidence reinforces historical patterns. The 2019 BSP-SP alliance in Uttar Pradesh collapsed primarily due to asymmetrical vote transfers while Dalit voters supported Muslim candidates, reciprocal support proved largely illusory. Similarly, the Owaisi-Prakash Ambedkar partnership in Maharashtra fractured over seat-sharing disputes, revealing the same power dynamics that characterized Muslim League treatment of Mandal. These examples echo historical mistakes, demonstrating that when politics abandons public welfare for narrow caste and communal calculations, the inevitable result is betrayal and social disintegration STRUCTURAL INCOMPABILITIES PERSIST The fundamental contradictions that destroyed Mandal's experiment remain unresolved. Power dynamics in every attempted alliance consistently favour Muslim parties, reducing Dalit partners to subordinate positions. Vote transfer patterns reveal systematic asymmetry: while Dalit voters may support Muslim candidates, reciprocal support rarely materializes. Religious identity-based Muslim political consciousness conflicts with caste-focused Dalit aspirations for social justice within Hindu civilizational frameworks. Moreover, ideological contradictions create insurmountable barriers. Muslim parties' emphasis on religious orthodoxy clashes with Dalit movements' goals of social reform, gender equality, and educational modernization. These philosophical differences, rooted in fundamentally different worldviews about individual rights, social progress, and cultural values, make genuine partnership impossible. THE PATH FORWARD Contemporary India must acknowledge that sustainable Dalit progress and security will emerge through self-reliance, education, political awareness, and organizational power not through alliances that history has repeatedly proven catastrophic The "Jal Meem Jal Bheem" concept and its practical applications have historically manifested as Scheduled Caste humiliation, identity destruction, and existential annihilation. Therefore, as we commemorate Partition's suffering, let us resolve to make decisions based on historical facts and collective experiences, remaining free from emotional sloganeering and vote bank-driven narrow politics. Jogendra Nath Mandal's experiences and Dr. Ambedkar's warnings teach us that Scheduled Castes will never achieve security, social justice, and dignity from hands that have historically deceived them through religious fanaticism, appeasement, and vote bank politics. This represents not merely historical interpretation but guidance for present and future generations. Those who ignore history's lessons are condemned to repeat its most tragic chapters. (Writer is UP BJP's General secretary, Organization) Stay updated with the latest local news from your city on Times of India (TOI). Check upcoming bank holidays , public holidays , and current gold rates and silver prices in your area.

Siddaramaiah on back foot after losing two ST ministers in 2 years
Siddaramaiah on back foot after losing two ST ministers in 2 years

Economic Times

time3 hours ago

  • Economic Times

Siddaramaiah on back foot after losing two ST ministers in 2 years

Synopsis The Congress government in Karnataka faces backlash after dismissing Valmiki community minister KN Rajanna for criticizing "vote theft," a move directed by AICC leadership. This decision, following B Nagendra's earlier resignation due to fund diversion allegations, has shocked Chief Minister Siddaramaiah and risks alienating the crucial Ahinda voting bloc, while the BJP attempts to capitalize on the community's discontent. Agencies Karnataka CM Siddaramaiah Bengaluru: The Congress government in Karnataka has gone into a defensive mode, refraining from reacting much to the constant barbs hurled at it by the Opposition BJP over the firing of Valmiki community (ST) minister KN Rajanna. Chief minister Siddaramaiah removed Rajanna from the ministry on directions from AICC leadership, displeased over his critical comments on "vote theft". His removal from the state cabinet comes a year after another Valmiki minister, B Nagendra, resigned after allegations of diversion of funds meant for the welfare of ST members surfaced. Rajanna's ouster has been a shocker for Siddaramaiah as the MLA from Tumakuru district has been a loyal follower, known for his blunt talk. His exit comes at a time when the CM had been trying to bring back Nagendra into the Cabinet. Siddaramaiah, who belongs to the backward class Kuruba community, has cemented his position as a tall leader of the Ahinda (acronym for minorities, backward classes and Dalit) voters. But now, the community could doubt his ability to protect its political way Rajanna was removed will exact its own political price, said an ST leader. BJP too has been trying to foment anger in the numerically strong community by supporting Rajanna's remarks and projecting him as a victim. "Congress government is always ready to betray the Valmiki community," the BJP said in a post on X.

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