The gentle man who wrote this column is just one of those intellectuals who claim to be the champions of equality but not in reality. It is not the just question of just equality, it is a question of social justice which these so called intellectuals will not even like to pronounce such a word. Just read his column again, he has just mentioned the name of the ministry out of compulsion. So you can understand his affiliation. How to decide the backwardness? Many get confused with economic backwardness. Gentle man, both cannot be equated. It is the caste, which created havoc in this society for thousand of years. So the caste invented by the ancestors of today%u2019s intellectuals is certainly the deciding factor. So caste can never be ignored. So to bring the social equality, it is important to introduce discrimination in our constitution. That is how reservation came into effect. As far as fresh data concerned, I would certainly agree and welcome that a caste based survey is needed to educate all sections of the society to make doot ki doot pani ki pani. But congress and BJP are certainly not interested in making this survey because they are not at all full heartedly interested to do such thing which will expose who are the real creamy layer making fool of the society. So I urge the real cream layers who enjoyed the cream and kurshi for thousands of years must not teach the people affected by the caste based system about creamy layer concept. In the name of equality, one should not pretend to be the guardian of the whole society. This is what is happening now by a few individual backed by the judiciary.
So all of a sudden what has dawn on these two individuals (judges) to intervene in the process of implementing the law enacted by the parliament. How can the two fellows overturn the matter, which was already decided by the five-member bench? Why nobody is discussing about that now. One can easily understand, how much the private industry backed media and evil forces of this society are working overtime to kill the word reservation which is going to turn towards them any time soon. Of course it is inevitable. In this process one may soon witness the over reach of judiciary to be brought back forcibly to their limits by the parliamentary democracy. Judiciary can only survive if Parliament protects them. So it is for the judiciary to maintain the faith of the people by not to getting influenced by self serving forces.
RE:Judicial high handedness
by abhi edara on May 08, 2007 03:28 PM Permalink
Good Mr, a very nicely plaed english words cannot bring the truth, you are saying that discrimination is introduced in the constitution purposefully as the caste system has been affecting the society since years, what a foolish analysation, that means you are saying that the then OCs should be made to OBCs and the OBCs should be made to OCs, you are actually increasing the problem but not finding the solution, these so called OBCs have enjoyed a lot more when compared to what the existing OCs enjoyed since years, so if two people are trying to bring the truth out you are actually objecting, one person is sufficient to lead charge even two people are not required, truth finally prevails, if people like you cannot stop that with your well placed english words.
RE:Judicial high handedness
by dhanraj dhanu on May 08, 2007 03:55 PM Permalink
Mr. Caretaker well written article but please clarify my doubts.
What is the meaning of OBC. because I know only forward class and backword class. If one caste is socially and economically backward put that caste in Backword Caste. Why OBC? Dalits are truely socially deprived group and want of reservation but these so called OBC are do not want to identify with Dalits and other real socially and econoically backword groups but they are politically strong group, so want the reservation.
You are used very effective words such as descrimination and so, and you have also commented on Judiciary. If Parilment is peprsented by Shahabuddins, Lalus, Sorens and Siddus then you forget about parliment doing justice.
Now plese answer me again what is the diference bertween Backward class and OBC. What you meant by other? Thanks in advance
RE:Judicial high handedness
by Gaurav Prateek on May 08, 2007 05:40 PM Permalink
Aadarneeya Caretaker jee, the basic problem you raise, of social inequality, cannot go away even if reservations were introduced in the Higher Educational Institutions, because it is a state of mind. On the other hand, the country will lose by coming down from the high standards these institutions have created and maintain, irres[pective of caste. Also, instead of getting angry at this author or at the two judges, please read the article more carefully, without any prejudice.
RE:Judicial high handedness
by Monk on May 08, 2007 04:34 PM Permalink
Not a single mention of merit in your argument. Just the same ranting about thousands of years of discrimination. I would just ask you to think of the following. Are you capable of getting into these institutions on merit? If not then why? Was it your caste that held you back or your economic status?
RE:Judicial high handedness
by Prem Kumar on May 08, 2007 10:36 PM Permalink
How DUMB can you get Monk?
"If not then why? Was it your caste that held you back or your economic status?"
Don't you really understand that these two: "caste and economic status" are completely inter-linked or you just don't want to acknowledge? When your great-grandfather was allowed to sit in bench and read his text book, a fellow dalit student was not allowed into the school! He was made to wash and clean because he was branded as a janitor and was marked down for his life by your society. Was it not a CRIME? Person subjected to abject poverty will not break the cycle for next seven generations, says P.Sainath justifically.[please don't claim that you know better than P.S who is rural affiars editor for two decades and has observed their lives completely. ooh, btw, he belongs to your so-called upper caste.]
DO you understand how caste relates to economy NOW?
When you have learn in an unltra-modern school, have a motorbike to attend 4 tuitions and learn IIT coaching in best teaching institution for 2 years and get "Merit" and boast yourself against a poor student, both low-caste and economically backward so-called upper caste, in the name of MERIT? how SHAMEFUL can it get?
Youths claiming to be champions of Social Justice by fighting Reservation, has anyone EVER protested once against caste discrimination? Fight caste discrimination in your own backyard FIRST before you champion your 'great' cause! I don;'t blame them as this is how they were taught. They have to understand the reality by taking to other section of the society before taking up a strong stand!
RE:Judicial high handedness
by Monk on May 09, 2007 01:56 PM Permalink
I'm well aware of the linkage which is where my question came from. I'm afraid you haven't understood my question.
Is poverty restricted to only OBC's because of those years of discrimination? What about the poor that can't afford all that but still don't get a chance because they are not of those castes?
I fight the caste divide by not giving it any relevance in my life. You could do well to do the same and start thinking how the economically poor get ahead and not the social poor.
RE:Judicial high handedness
by my message on May 08, 2007 06:20 PM Permalink
What of the poor among brahmins? Do they rot just because you say that their fore-fathers "discriminated"?If reservation has failed even after almost 60 years, then it means that the concept is flawed and needs a re-think and correction. The way reservation is being implimented now, there will not be any change even if 100% is reserved.
Further, the two judges have no political axe to grind like the Education Minister has. This should be kept in mind by all.
RE:Judicial high handedness
by on May 08, 2007 09:39 PM Permalink
Reservation - is it Rotten yet? how many times we fight over this? here is my take on the subject: First, a FREE buck will never help anyone. Social inequality - Economic inequality, I don't see a major difference. What I mean is a large section of people were oppressed for god knows how long making them socially inequal by a lessor group of people for want of power or whatever they were after. So that invariably made the oppressed class economically backward too. It's not like a Dalit was very well off and was still oppressed. So now what is the real problem -- How do we eradicate this social inequality with an ultimate goal of becoming a just and prosperous society. What do we do to achieve this goal, first thing we need is to educate people, I cannot stress this point enough, that all men/women are equal, they all can develop similiarly given similar opportunities. This should be the basis and crux of education with whatever academic interests we choose to pursue. Both oppressor and oppressed should understand that we are aiming for a new order of siciety where all sections of people are on a common ground. So just imagine a very rough surface that needs to be smoothened, what do we do, we chip away the raised parts and fill the low parts and brush it a little bit to make it a level surface. This does not meen that we go rob the rich (oppressors) and give the wealth to the poor (oppressed) because society is not just a rough surface that can be smoothened in this manner. So the reservations came into being, whether that was a good idea or not, if there was a better way to deal with the problem or not is a different matter (and the way we are fighting even today, shows that no one has a better idea or even if someone has, it never made it to the people who can implement it). And there had to be laws making any kind of descrimination a punishable crime. All religious institutions, educational institutions and etc. cannot discriminate people based on their social status. So these things were implemented. But did it change the mindset of people to accept the basic fact that all humans are equal? I think NOT, so the real problem has not been addressed at all. Until we address that problem nothing will change we will continue to fight and these spineless, corrupt politicians will get their way - they are the real OPPRESSORS of current generation.
So, here is something that came to my mind - how about making another law - lets say - Make caste conversions legal, just like a Hindu can covert to muslim or a christian and vice versa. Or even better there can be no mention of caste in any walk of life in the country, who ever talks about it will be jailed. Will such a measure makes any difference? It could, just like the laws that we currently have could. The basic problem will still remain people have to understand that all are equal, until then they will find ways to discriminate less fortunate people.
Now, to the current discussion - there are enough laws in India now to fight social injustice legally in court, that is power to people. All that needs to be done is again, "Educate" them properly. Now the practical problems, I believe most of the socially backward classes are also economically backward (forget about creamy layer for a sec - it won't be much anyway). So how do you get the children of those families to school while preserving the livelihood of the family? Governement/Society(meaning you and I) should do everything in our power to help them (you dont have to see if that family is a dalit family or a really poor Brahmin family). Like, providing books, clothes etc. (a lot of which are already being done by the gov.) but on the peoples part they should also make an effort to use those facilities and try to come upto speed and compete. Here comes the problem of "Free Buck", it is human tendency to become lazy and not do anything as long as we get something free. So, let everyone compete irrespective of the social belonging - for professional studies, for jobs etc. but provide them with everything possible for competing with "Fortunate" people. If a student competes and qualifies for higher/professional studies but is not able to pay up the fee - then there must be a provision under law which enables that student to goto college - provide subsidy in fee, provide a part time job which can assist the student or provide a loan that he/she can repay later. Make this a very smooth process so that the students are not distracted or discouraged by the Process.
One thing everyone MUST understand is that nobody can support a human being throught out his/her life, there has to be an effort made by the individual to be independent, self sufficient.
The point is - only a change is mindset of people about fellow humans can solve the problem of "Social Injustice", no other laws, reservations can do this. If any, these superficial measures will only widen the gulf between people, especially in these trying economic and global conditions no one would be willing to lose an advantage, whether it is fair or unfair. So, we have to go back to basic humanity and see why people are so desperate for success, security, power for which they willingly or unwillingly do things that they don't mean to.
