" What triggered the ‘Bharat bandh’?", What happened in Supreme Court?, How was it received?, What did the government do?, Why is there a bandh?, An Analysis of our stupidity when we have a treasure of Scriptures passed on from Ancient Bharatham, and struggle in silly bondages, not able to uplift ourselves :
Opinion
03/04/2018
1188
" What triggered the ‘Bharat bandh’?"
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Here are the events and decisions in the lead up the Bharat Bandh called by Dalit organisations on April 2 that saw violence in several parts of the country.
1. What happened in Supreme Court?
On March 20, the Supreme Court observed that the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act of 1989 is being used to “blackmail” innocent citizens and handed down guidelines to protect both public servants and private employees.
The court directed that public servants can only be arrested with the written permission of their appointing authority. In the case of private employees, the Senior Superintendent of Police concerned should allow it.
“Innocent citizens are termed accused, which is not intended by the legislature. The legislature never intended to use the Atrocities Act as an instrument to blackmail or to wreak personal vengeance,” the Supreme Court said.
“The Act cannot be converted into a charter for exploitation or oppression by any unscrupulous person or by the police for extraneous reasons against other citizens. Any harassment of an innocent citizen, irrespective of caste or religion, is against the guarantee of the Constitution. This court must enforce such a guarantee. Law should not result in caste hatred,” the Supreme Court held.
The apex court also determined that a preliminary inquiry should be conducted before the FIR is registered to check whether the case falls within the parameters of the Atrocities Act and if it is frivolous or motivated.
2. How was it received?
On March 21, Union Law Minister Ravi Shankar Prasad said the government was yet to examine the Supreme Court judgment. The Congress said that there was a need to review the judgment as it promoted a “sense of insecurity” among the Dalit community.
A group of BJP MPs, belonging to these communities, met Mr. Prasad and urged that the government file a review petition. The National Coalition for Strengthening of SC / ST (PoA) Act urged the Union government to take swift measures to overturn this “dilution of the Act.”
Viduthalai Chiruthaigal Katchi president Thol. Thirumavalavan said that the government must also consider going for an appeal to a larger Bench of the Supreme Court.
Lok Janshakti Party’s parliamentary party head Chirag Paswan said the ruling took away the strongest instrument Dalits had. “We will be filing a review petition on our own. And we demand that the government too does that. The ruling makes the law completely ineffective and toothless.”
3. What did the government do?
The Centre on Monday moved the Supreme Court seeking review of its recent judgement by which safeguards were put on the provisions for immediate arrest under the SC/ST Act.
The government, in its review petition, told the Supreme Court that its March 20 verdict will violate Article 21 of the Constitution for the SC/ST communities and sought restoration of the provisions the Act.
4. Why is there a bandh?
A nationwide bandh has been called by Dalit outfits to protest the Supreme Court’s judgment. There has been sporadic bursts of violence in some states after the bandh began.
Dalit organisations, including the Dalit Shoshan Mukti Manch, and some political parties fear the dilution of the provisions might lead to increase in violence against Dalits.
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SC guidelines would make it easier for accused persons to escape arrest, says Centre in review plea
“The Narendra Modi government is firmly committed to the protection, safety, security and dignity of the Scheduled Castes and Scheduled Tribes,” Union Law Minister Ravi Shankar Prasad said on Monday.
The 89-page verdict by a Bench of Justices A.K. Goel and U.U. Lalit read down Section 18 of The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act of 1989 to allow accused persons under the Act to apply for anticipatory bail.
Section 18 barred persons accused of causing casteist injury and insult to Dalits from seeking anticipatory bail.
Secondly, the judgment directed that an FIR should be registered only after a “preliminary enquiry” was held by a Deputy Superintendent of Police to check if the complaint was “frivolous.”
Any deviation from the directions would automatically lead to the contempt of the Supreme Court, the Bench had warned.
In its review petition filed before the Supreme Court, the Centre said the court had no business to dilute the Act by laying down such guidelines and making it easier for accused persons to escape arrest. “In the given situation of continuing offences of atrocities against members of SCs/STs, it would be more significant and meaningful to affirm the reliance and trust of SCs/STs on the statute and not make it easier for the accused to get away from arrest by imposing a preliminary enquiry,” the Centre said.
Of the 47,338 cases registered across the country in 2016, only 24.9% ended in conviction and 89.3% were pending by the end of 2016. Instead of being misused, the Act is weakly implemented, the Centre said.
Low conviction rate : -
The low rate of conviction owed to delay in lodging the FIR, hostile witnesses and complainants, absence of proper scrutiny of cases by the prosecution before filing charge sheet and lack of proper presentation and appreciation of evidence by the court. Now, a preliminary enquiry would only reduce the rate of registration of cases, conviction, increase pendency and per se serve as a deterrent in filing FIRs, the government said.
Govt says judgment on SC/ST Act contrary to legislative policy, files for review
Heinous crimes : - govt.
Objecting to the court’s reasoning that non-availability of anticipatory bail was violative of Article 21 (fundamental right to personal liberty), the government reminded that offences under the Act are “heinous crimes committed to humiliate and subjugate members of the SCs/STs with a view to keep them in a state of servitude.”
Section 18 of the Act is its “backbone” as it enforces an inherent deterrence and instils a sense of protection among members of the SCs/STs.
NOTE : -
1. Ancient Bharatham was guided by Sanatana Dharmam, Ancient Rishi-s, made several declarations, after many years of their experiments on human mind and various aspects of Nature, and left their contributions by way of Sruti-s, transferred generation after generations
2. Bharatham is land of Ramayanam, Mahabharatham, Srimad Bhagavad Gita, Mahabhagavatham,
Upanishads and many countless scriptures;
3. And land of great Acharyas Adi Sankara, Ramanuja and Madhava;
4. And land of great Teachers Sri Ramakrishna, Swami Vivekananda, Sri Ramana Mahrishi, Sri Aurobindo, Swami Tapovanam, Swami Sivananda, Swami Chinmayananda, Swami Krishnananda, Swami Chidananda, and at present many from Ramakrishna Mission and Chinmaya Mission, and upcoming few such as Swami Udit Chaithanya ...;
5. And Social Reformers Vinoba Bhave, Raja Ram Mohan Roy, Dayananda Saraswati,
Ishwar Chandra Vidyasagar, Narayana Guru;
.NB:-
Sum - We have now a great treasure of knowledge, given by our ancestors as in the above five paras.
OPINION :-
1. Today Bharatham is suffocating with caste system a man-made mistake followed generations;
2. Let us study what Lord Sri Krishna tells in Srimad Bhagavad Gita : - Chapter-4, Slokam-13.
"chātur-varṇyaṁ mayā sṛiṣhṭaṁ guṇa-karma-vibhāgaśhaḥ,
tasya kartāram api māṁ viddhyakartāram avyayam."
Slokam explained in one line :-
"The four categories of occupations were created by me according to people’s qualities and activities. Although I am the creator of this system, know me to be the non-doer and eternal."
Comments :-
The Vedas classify people into four categories of occupations, not according to their birth, but according to their natures. Such varieties of occupations exist in every society. Even in communist nations where equality is the overriding principle, the diversity in human beings cannot be smothered. There are the philosophers who are the communist party think-tanks, there are the military men who protect the country, there are the farmers who engage in agriculture, and there are the factory workers.
The Vedic philosophy explains this variety in a more scientific manner. It states that the material energy is constituted of three guṇas (modes): sattva guṇa (mode of goodness), rajo guṇa (mode of passion), and tamo guṇa (mode of ignorance). The Brahmins are those who have a preponderance of the mode of goodness. They are predisposed toward teaching and worship. The Kshatriyas are those who have a preponderance of the mode of passion mixed with a smaller amount of the mode of goodness. They are inclined toward administration and management. The Vaishyas are those who possess the mode of passion mixed with some mode of ignorance. Accordingly, they form the business and agricultural class. Then there are the Sudras, who are predominated by the mode of ignorance. They form the working class. This classification was neither meant to be according to birth, nor was it unchangeable. Shree Krishna explains in this verse that the classification of the Varṇāśhram system was according to people’s qualities and activities.
Although God is the creator of the scheme of the world, yet he is the non-doer. This is similar to the rain. Just as rain water falls equally on the forest, yet from some seeds huge banyan trees sprout, from other seeds beautiful flowers bloom, and from some thorny bushes emerge. The rain, which is impartial, is not answerable for this difference. In the same way, God provides the souls with the energy to act, but they are free in determining what they wish to do with it; God is not responsible for their actions.
3. Our Scriptures say that there is NO caste system in ancient Bharatham, the classification of mankind is general according to qualities and activities both complimenting each other;
4. Our scriptures say that this is not by birth, or permanent /unchangeable, any Sudra can become Brahmans by uplifting his quality and activity;
5. So we have scriptural proof, that the present man-made caste system of innumerable silly caste names with no meanings is useless;
6. Nation is divided by way of these stupidities, we have to come out of these evils and uplift ourselves to Divine thoughts;
7. By word Divine one should not misunderstand of any religion, divinity is beyond religions;
8. Like present Caste system, the present day religions are also mere mockeries, with no substance in it, only demon structure, and conductors exploit the mankind with wrong doings;
9. In either way CASTE SYSTEM AND RELIGIONS DIVIDE PEOPLE, AND NOT RIGHTEOUS WAY OF LIVING;
10. WE ALL BHARATIYA MUST RETHINK, OURSELVES THAT WE DON'T NEED ANY CASTE LABEL OR A RELIGION FOR WRONG DOINGS, LIBERATE OUR SELVES AND COEXIST PEACEFULLY WITHOUT ANY TAGS, " DIVINITY WILL BE AUTOMATIC".
Jaihind
Vandematharam
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