7.3 |
Right
to Life free from “Untouchability” |
7.3.1 |
The
Right to Life under Article 21 of
the Constitution goes far beyond
mere physical survival, as interpreted
in various judgements of the Supreme
Court. This includes the Right to
Life with self-respect. The practice
of “untouchability”
constitutes a fundamental attack
on the self-respect of the Scheduled
Castes. This requires the following
measures: |
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7.3.1.1 |
The
Protection of Civil Rights Act 1955
(PCR Act) should be implemented
sincerely, seriously and honestly; |
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| 7.3.1.2 |
Inter-alia
a special Mobile Court should be
established in each district exclusively
for trying cases under the PCR Act
on the spot. The optional provision
at clause (iii) of sub-section (2)
of Section 15 (A) of the PCR Act,
should be made mandatory by the
amendment of the Act in the next
Session of the parliament; but this
provision can and should be implemented
without waiting for the amendment. |
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| 7.3.1.3 |
Where
there is no practice of “untouchability”
at all in any district, the Government
may, with the concurrence of the
National Commissions for SC &
ST, either exempt such district
or districts from this provision
or combine such districts (s) with
other neighbouring district(s) for
the purpose of establishing special
mobile courts under this Act. |
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| 7.3.1.4 |
The
special Mobile Courts should be
given vehicles, which should always
be in running condition and should
never be withdrawn from the Court
for any other purpose; |
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| 7.3.1.5 |
Protection
of witnesses and complainants is
extremely important in PCR Act related
cases for the same reason as mentioned
with reference to atrocities cases. |
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7.3.1.6 |
It
should be made the personal responsibility
of every District Collector and
Superintendent of Police, in so
far as his/her district is concerned,
to ensure that all measures as may
be necessary for ensuring that the
rights arising from the abolition
of “untouchability”,
are made available to, and are availed
of by, the persons subjected to
any disability arising out of “untouchability”,
as the State Government is mandated
to do by Section 15(A) of the PCR
Act. The measures taken by them
should be one of the specific criteria
of Social Justice Clearance for
every officer to become eligible
for future promotions, as detailed
lower down. |
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7.3.1.7 |
Every
political Party should adopt at
least one village and one town in
every State where it is in power
or it may come to power in future
for total eradication of “untouchability”
and make them “untouchability-free”
by mobilizing all positive social
forces including SCs and STs in
addition to the official machinery; |
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7.3.1.8 |
A
massive democratic movement should
be launched against the practice
of “Untouchability”
in any form. Political Parties and
non-political organizations, who
are serious about elimination of
“Untouchability” should
take active initiative for mobilization
and organisation of such movement. |
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7.4 |
Educational
Equality and Parity |
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7.4.1 |
Educational
support for Scheduled Castes and
Scheduled Tribes has not been adequate
quantitatively and qualitatively
and there is disparity between them
and the rest of the population at
every level including the bottom-line
level of mere literacy. Absence
of total parity and absolutely “level
playing field” in every level,
phase and field of education will
be fatal to the rights of Scheduled
Castes and Scheduled Tribes to real
Equality of career opportunity.
The Right to Parity in Education
at all levels is a part of the Right
to Life under Article 21 and Right
to Equality under Articles 14, 15
and 16. There is also the need to
build up a large reservoir of highly
educated Dalits who can provide
leadership in every field of economic
and other activity by fully utilising
government, aided, private and foreign
educational institutions, which
is not being done now except to
a limited extent through government
institutions. Therefore the following
special measures are required in
Education – |
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7.4.1.2 |
Scheduled
Caste Scheduled Tribe students should
be got admitted in every good professional
institution in the district/State/country,
whether public or private, in the
same proportion as the percentage
of Reservation in education for
them existing from time to time
and shall be educated there upto
the level of their choice. The Government
should meet the full cost of the
education and maintenance of each
such student in accordance with
the actual cost of study in each
such institution and boarding and
lodging expenses in a hostel attached
to such institution(s) or in the
absence of such attached hostel,
in other appropriate hostel(s);
and should also meet special fee,
by whatever name known, wherever
charged. It is welcome that the
Central Educational Institutions
(Reservation In Admission) Bill
2006 has been recently passed by
the Parliament in its winter session
2006 and will become law in this
year 2006. While this looks after
reservation in Central and Centrally
aided institutions, a similar bill
in respect of Private Institutions,
which is under preparation in the
Ministry of HRD, pursuant to the
Constitution 93rd (Amendment) Act
2005, is awaited. It is necessary
that this is tabled early in the
budget session 2007 and passed in
that session itself so that reservation
in private Institutions can take
off from the academic year 2007-2008.
Thereafter, close monitoring is
required to ensure proper working
of Reservation. |
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7.4.1.3 |
(a)
One residential school each for
Scheduled Castes and one each for
Scheduled Tribes for boys and one
each similarly for girls shall be
set up in each district on the pattern
existing in Andhra Pradesh, with
75 percent of the seats going to
the candidates of the specific category
of weaker sections and the remaining
25 percent for the candidates belonging
to the other social categories of
weaker sections and to the candidates
of general categories. These schools
should cover Class VI to XII In
Districts where either SC or ST
are too small in number, there may
be one residential school jointly
for both. This is the first stage;
subsequently such residential schools
should be set up in every Tehsil/
Mandal, residential elementary schools
in every village and residential
college in every District Headquarters.
This facility shall be provided
in private residential schools also
in view of the large number of private
institutions of general as well
as specialised education at all
levels set up in the past and that
may be set up in future and the
advantage that the candidates passing
out of such institutions have ---
this can be done under the Constitution
93rd (Amendment) Act 2005. |
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(b)
A selection grade post of teachers
with qualification not less than
post-graduation should be created
and such selection grade teachers
should be appointed only in these
residential schools. |
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(c)
In view of the past background of
the Kasturba Gandhi Swatantrata
Vidyalaya undertaken in December
1996 with a provision of Rs.250
Crores pursuant to the commitment
in the CMP read with the Dalit Manifesto,
as a first step in this direction,
and its commencement, on transfer
to the Ministry of HRD in 2003,
as Kasturba Gandhi Balika Vidyalaya
limited to Class VI to VIII from
2004, it should be modified to fulfil
the above original purpose as detailed
above and in the Minutes of the
first (and only) meeting of the
Committee formed in 1996 97 for
operationalising this scheme. |
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7.4.1.4 |
In
districts where residential schools
are not possible, at least one good
hostel for SC & ST boys and
one for SC & ST girls should
be set up in each place where a
high school/ higher secondary school
or college exists. These hostels
should be designed in such a manner
that they may in future become the
nuclei for residential schools.
Where one hostel each is not adequate
for all SC and ST boys and girls,
additional hostels should be created
in such places to the full extent
necessary to accommodate all SC
& ST students. NO restrictions
like distance, rural/urban should
be laid down, since the motivation
for joining hostels arises not only
from considerations of distance
but also from considerations of
facility for undisturbed studies. |
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7.4.1.5 |
In
view of the fact that a sizeable
number of students have qualified
and increasing numbers will in future
qualify from educational institutions
of general as well as specialised
/professional education in foreign
countries and the career advantage
that candidates passing out from
foreign institutions have in this
country, the Government should send,
at its cost fully covering fees
and other mandatory payments, maintenance
and travel cost, SC and ST candidates
in the same proportion in relation
to the general category candidates
who go to such institutions on their
own or otherwise, as the percentage
of reservation in education fixed
for them from time to time, to good
institutions in each such country
in every area of education, every
year. |
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7.4.1.6 |
The
Selection of SC and ST candidates
for admission to residential schools
and other good schools and college
and University, public as well as
private, Indian as well as foreign,
should be made on merit among them
through competitive examinations
with suitable weightage for candidates
from families of agricultural wage-labourers,
civic sanitation workers (i.e. those
rendering “scavenging”
services), bonded labourers, rural
residents and so on and for girls. |
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