issue-40

BAHUJAN VISION BULLETIN A Vision To Succeed in Ambedkarism In 21st Century

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National President : Dhi. VIJAY MANKAR Ref. No./API/CRAD/SC/ST(POA), FRs & HRs/1A

Contents

(BE 2560, AE 125...)

To,

 CARD on Atrocities, Discrimination Against SCs/STs. - Vijay Mankar

1

 Select Speech of Dhi. Vijay Mankar on Ambedkarism

31

 National Training Schedule

36

Edited By Vijay Mankar, National Organiser, AIMBSCS Published By Usha B. Meshram Organiser, AIMBSCS Managment Team Balwant B. Meshram Organiser, Karyanvan Sangh, AIMBSCS (09422915119) L. G. Kamble, Organiser, AIMBSCS (09423109173) Contact :

'Sangh' AIMBSCS National Office: Plot No. 1672, Near Nav Buddha Vihar, Nara Road, Indora (Varpakhad), Nagpur - 440 014, India Ph. 0712-2043664 Mob. : 07776030276 from 7.00 - 10.00 p.m. excluding Thursdays. aimbscs.org@gmail.com Bahujan Vision Bulletin

Dt. 15th August 2016CE

The Chief Minister, _________________, State

Charter of Rights and Duties Petition Regarding Abolition of Crimes and Atrocities on 30.566 crore Scheduled Castes and Scheduled Tribes (SCs/STs/) and Their overall 'Socio-Economic Development' as Mandated by Part III, IV, XVI, X of The Constitution of India [and Human Rights therein]; Legislations Enacted by Parliament & State Legislatures, and Human Rights Obligations - Various Other Measures To Be Taken.

Respected Chief Minister Sir/Madam, 1.

The Petitioner is the National President of Ambedkarite Party of India which is a registered Political Party U/S 29A of Representation of People Act 1951 with the Election Commission of India and working for the implementation of The Constitution of India [and Human Rights therein] and Welfare & Wellbeing of Indians, through its address Central Secretariat, Plot No. 1672, Near Nav Buddha Vihar, Nara Road, Indora (Warpakhad), Nagpur - 440014.

2.

Happy Independence Day Chief Minister Sir/ Madam!

I am writing this for 2nd Independence Movement of 30.566 cr. Dalits & Adivasis to realize their Fundamental Rights & Human Rights and an India which is truly Constitutional, Democratic, Developed, Human & Enlightened! The recent incidence of flogging of SCs in Una Tahsil of Gir Somnath District of Gujrat, amidst full public view and publicised in social media, without any remorse or opprobium and many such crimes day in and day out being committed every hour are not the first incidence of crime/atrocity on SCs/STs; but it was an 'eye opener'. An eye opening event that even after 66 years of our Constitutionally created Democratic Republic and amidst the 'high' talks of One Sub. :

1

July - Dec. 2016

India and Development by the PM and CM in different tone and tenor their is a 'Low', and 'Two Indias'. The low is the debasement of "Human Dignity" which is enshrined in the Preamble and Art. 21 of our Constitution and the Universal Declaration of Human Rights 1948 (referred as UNDHR, 1948 hereafter) to which India has been a signatory since its beginning.

The low and meanness is the blatant violation of Fundamental Rights and Human Rights, [referred as HRs hereafter] as guaranteed by the Part III [and IV] of our Constitution. The Right to Life and Dignity, Right to Equality and Liberty being violated and mutilated every day, every hour in another India. Social justice being denied due to 'systemic discrimination' past & present.

An India which is pushed in the quagmire of the ageold caste & untouchability created and maintained by Hindu social order, as a sanctified by the religion ordained by the shastras & smiritis. This is well established by various sociological studies, and none other than Dr. Babasaheb Ambedkar - Father of Indian Constitution. A discrimination on basis of caste, religion, gender, race and place of birth, which our great Constitution has prohibited in Art. 15. This discrimination is direct, indirect, combined, multiple, as well as systemic. An India which inspite of its Parliament, Government and Judiciary is denied Justice, Liberty, Equality, Fraternity by "acts and ommission" of adequate Bahujan Vision Bulletin

legislations, rules, policies, practices, condition or situations which directly or indirectly put them to disadvantages and opportunities, and demeans their human dignity, rights and freedoms. This India is over 1/4th of its population of Dalits and Adivasis, to be specific 16.6% SCs and 8.6% STs = 25.2% or 30.566 crore of India's 121 crore population in 2011 census. (a) The discrimination with others like Denotified and Nomadic Tribes (referred as DNTs hereafter ), Other Backward Classes (referred as OBCs hereafter) and Minorities is also there in this India, which your Government is not even ready to acknowledge and enumerate 'data' for its redressal; in absence of which, and barring few reports like Renake Commission, Sachhar Commission and Kundu Committee Report we have very less 'data' to rely upon.

The National Backward Classes Commission has been requesting your Government for permission of segregation of 'data' out of Soio-Economic Caste Census 2011 (referred as SECC-2011 hereafter) for studying the 'socio-economic indicators' of OBCs but without much progress. The GOI has been not able to publish complete 'data' of this SECC-2011 inspite of Digital India, Skill India technical endeavours even after 4 years of its completion. What is the status of this state?

We while citing this, refrain ourselves to the 2

problem of Scheduled Castes numbering 20.138 crores (16.6%) and Scheduled Tribes numbering 10.428 crores (8.6%) of Indian Population in this Petition. They constitute a population equivalent that of a country, 3rd in rank in the world only after China & USA. This can make us understand the magnitude of the problem that we are dealing.

We have also 'Petitioned' the GOI on this matter of 'grave concern' which is a 'national problem' vide Ref. No./API/CRAD/ SC/ST (POA), FRs & HRs/1 Dated 15 th August 2016CE. You must take that also into account. Many "positive rights" of SCs/STs, and "positive duties" to be performed by the GOI and State Government, and various Institutions under The Constituiton, or Legislations are either a 'joint responsibility' of the Centre and States; or exclusively of them separately under various lists of VII schedule and the scheme of Federalism. But non can practise discrimination, violate the Fundamental Rights and Human Rights, and abdicate its obligations and "positive actions".

The State Government must take cognizance of all those issues, which falls under its constitutional responsibilities and "positive duties". It can positively take up with the GOI the rest, for "effectively realization" of the "positive rights" of SCs/STs. 3.

The National Crime Record Bureau Report of 2014 (referred as NCRB here after) July - Dec. 2016

as published belatedly by the Ministry of Home Affairs, GOI has not only pained but also ashamed all of us of being a civilized nation and democratic country. The data in its chapter 7 recorded a total of 58,515 crimes/atrocities committed on SCs (47,064) and STs (11,451) under IPC; SC/ST (POA) Act 1989; POCRA 1955; The Employment of Manual Scavengers and Construction of Dry Latries (Prohibition) Act 1993 and Other Special Local Laws (SLL) by the socalled 'caste Hindus' and their 'institutions/ associations/organizations/ groups'. There may be cases of under reporting or no reporting due to the sheer oppression and isolation of these communities in the rural hinterland. Apart from these 'caste Hindus' there may be some other communities also committing these atrocities, but they are largely done by the former. States like Rajasthan (11,975), UP (8,099), Bihar (7,970), M.P. (6,430), Andhra Pradesh (4,741), Odhisa (3,525), Karnataka (2,625), Telangana (2,263), Maharashtra (2,211), Chatisgarh (1,787), Tamil Nadu (1,564), Gujarat (1,359), Jharkhand (1,335) have been the states of serious concern if total crimes & atrocities on SCs/STs are accounted for.

The remaining States/UTs also are to be looked in barring a few like J & K, Nagaland, Lakshadveep, Daman & Diu, Meghalaya who have very negligible or no problem of atrocities/crimes against SCs/ STs. Only 5 States viz Bahujan Vision Bulletin

Rajasthan, UP, Bihar, M.P. and Andhra Pradesh account for 39, 215 or 66% of total crimes & atrocities. 160.32 crimes & atrocities are committed on SCs/STs every day and 13.5 every hour in our country. (See Anx. I, Table 1 & 2) A look at the details of these crime/atrocities shows : Nature of Atrocity & Crimes 2011

be the victims of SCs/STs. What to say of the total cases pending in IPC cases (84,57,884 or 84.8%) and SLL cases (58,22,591 or 61.3%) amounting to a total of 1,42,80,575 or >73% in all.

What picture arrives if we calculate the number of these murders/rapes on SCs/

SCs

1. Murder

STs

Total in a Year

704

157 861 (2.36 per day)

2. Rape

2233

925 3158 (8.65 per day)

3. Assault on women to outrage her modesty

2346

863 3209 (8.79 per day)

4. Sexual Harassment

837

281 1118 (3.06 per day)

5. Kidnapping & Abduction

755

166 921 (2.52 per day)

6. Docoity

32

7. Grievous Hurt

2 34

2155

287 2442 (6.70 per day)

838

101 939 (2.57 per day)

8. Riots 9. Pendency rate at the level of Police

24.4%

19.8% <22%

10. Conviction Rate

28.8%

37.9% <33%

11. Pendency in Courts (cases)

85.3 (1,08,659)

In absence of any sociological data of victims and convicts/accused about the total data of 72,29,193 total incidences of crimes in the country we cannot deny the fact that many in this data in Executive Summary in Chapter - I of the Report may 3

82.8% >84% (22,525) (1,31,184) STs since 26th January 1950?

More than 55,000 murdered; 2,05,000 SC/ST women raped; 2,08,000 number of offences for outraging modesty of women; 61,000 rioting; 1,58,000 grievous hurt and less than 30% convictions. You may kindly check the 'data' of your July - Dec. 2016

state and address the issue, as it is the biggest violation of FRs & HRs in Independent India.

Nay! nothing less than a genocide and crimes against humanity, at a time when we are raising HRs violations in Baluchistan by totally perpetrating it on our own People, the Indian citizens systemically.

Who has committed this crime against humanity? Who is still doing it every day, every hour? Largely the 'caste Hindus' and their institutions, associations, organizations and parties. If we add the unreported cases and all other forms of discrimination in matters of education, employment, housing, health, enjoyment of civil life with dignity etc., the only reality which emerges is that we, with a disregard to our Great Constitution are blatantly violating the Fundamental Rights and Human Rights of Indian People, with "Constitutional immorality;" by acts and omission of adequate legisaltions, rules, policies, practices, condition and situations which directly or indirectly lead to this discrimination and disadvantage past & present.

I may be pardoned for speaking hard Truth, for I am speaking it for My discriminated & oppressed brethrens; My country men!

We have to acknowledge the problem honestly for rooting out permanently and realize a 'democratic, scientific, egalitarian, enlightened & humance society', and 'enlightened India', which is Bahujan Vision Bulletin

truly Constitution and Democratic (PraBuddha Bharat).

4.

The preliminary data of SCs/STs Rural Households, as enumerated in SocioEconomic Caste Census 2011 (SECC) reflects : (i) Refer table 3-7 for other deprivations of SCs/STs. (ii) A look at the Literacy Rate 2011 shows that the literacy of SCs (66.1%), STs (59.0%), Rest (76.1%) and All India (73%).

Higher Education percentage is very dismal and Ph.Ds under 5%. (iii) Only 48.2% of STs are employed for 12 months, whereas this percentage is SCs (52.5%), OBCs (60.0%), Others (70.3%). (iv) The Human Development Report of 2011 issued by Planning Commission has depicted that the incidence poverty for SCs (39%), STs (52%), OBCs (28%), Others (14%).

Other communities have more than 3.2 times assets than SCs, 2.65 times of STs and 1.65 times of OBCs. Per household ownership of land of SCs (0.041 hec.), STs (0.145 hec.), OBCs (0.139 hec.) and others (0.153 hec.) according to the NSSO Report 2003.

19.46 crore or 15.2% of India's population are even today malnourished. Who are they?

4

(v)

I am enclosing other details of "discrimination and deprivation" that the SCs/STs face in relation to others. (See Table A, Tables 3 to 7, Anx. II) State level 'data' of the same must be emunerated, analysed and published annualy. (vi) There are hardly any Secretaries of SCs/STs in GOI; same is that of Judges of Supreme Court and High Courts.

From 1950 till 2013 only 10 SCs and 7 STs have become Secretaries out of a total of 2000 to GOI, and none out of the 30 Cabinet Secretaries.

There is no headway progress in this direction. Its better not to state about the 'judiciary' which is most nonrepresentative, today. (vii) What is the percentage ownership of SCs/STs in the 14,67,984 companies, establishments, industries, trades & professions? No concrete 'data' is available. But its very meagre.

A look of the above (i) to (vii) at your state level becomes absolutely necessary. (viii) A look into the 'Caste Capitalist Economy' of India gives a very shocking story of glaring 'socio-economic and inequalities' 'disparities' : (a) 4,04,677 lakh crores are the NPAs and 3,39,248 cr. Restructured Loans, with over 35,829.32 July - Dec. 2016

(b)

(c)

crores being written off by the Banks as on 31.12.2015. A realistic data since 1950 may be staggeringly higher. The Reserve Bank of India irrespective of RBI Act 1934 and Regulations 1994; 5.,9. is disowning its responsibilities. No major action for the recovery of this amount is initiated. No major action on willful defaulters and erring officials or Directors of Banks in yet visible.

The similar badloans in the Financial Institutions and Cooperatives must be acted upon for meeting the loses to public money.

'Revenue Foregone' by GOI from 2009-2015 was around 43 lakh crore rupees. Data before that is not declared by GOI, and it Government has stopped publication of this data from Union Budget 2016-17. This results in suppression of economic facts & favours, that the GOI may be committing.

Even the States are doing so overtly or coverly.

Kindly make your facts public about the same.

'Illicit Financial Flows' by false trade invoicing and liberalization of Current A/c were 42.63 lakh cr. from 2004-16 according to Financial Integrity Report 2015.

India stands 3rd in this in the world.

If we add the above a-c,

Bahujan Vision Bulletin

(d)

(e)

the amount comes to around 100 lakh crores, that the country and people are at loss.

An estimate of illicit economy [wrongly connoted in racist ways as Black Economy, whereas mostly created by white collars] is around 6.5 times of the GDP i.e. around 650 lakh crores lost, according to Prof. Arun Kumar an economist who served Delhi University, considering that our Nominal GDP in 2016 was 141.08 lakh cr. In absence of National Wealth and Finance Register, which the Government has not created, a fair estimate of it is elusive. The caste capitalists; immoral & illegal sleaz of usurping this national wealth continues unabated, causing National Exchequer lakhs of crores rupees, affecting the development of deprived SCs, STs, [DNTs, OBCs, Minorities & Poor].

The Government inspite of signing UNCAG 2005 is covertly not acting about the same by ommission of its constitutional and legislative duties.

Academic estimates put the wealth estimates in 'religious endowments' to around 100 lakh crore.

Legal or illegal, never ascertained by the GOI and State Governments.

Why? Can not this 5

(f)

(g)

(i)

money be utilised for better 'public purpose' and 'public policy'?

What are the estimates of your state? Whether they are made public.

According to Credit Sussie Agency Report of 2015, 1% population now owns 53% of total household wealth in India; whereas bottom 60% households own only 13%.

According to NSSO 48th & 58th round Reports and Report of Human Development 2011 of Planning Commission of India, 100 richest people of our country now own assets equivalent to 1/4th of GDP. An estimated 25,000 to 75,000 crore rupees of Indians lies stacked in foreign banks. With PMs personal promises to the People of India during election campaigns in 2014 have failed to be honoured. Leave apart depositing rupees 15 lacs in the bank accounts of Indians, till date the GOI has not even been able to declare the whereabouts of this.

Till date the GOI [and State Governments] have not been honest to enumerate the 'data' of all money & wealth [financial/non financial assets] on a socioeconomic basis. We have most carefully designed our Census and Surveys not to do so to hide this illegal & immoral July - Dec. 2016

disparity, continuing 'caste discrimination' unabated. The GOI has not taken any steps to create a 'National Financial and, Wealth Registar'; Inclusive Wealth Index to exactly quantify our National Wealth and its ownership, with the households, government and private sector; which the estimates of GDP cannot give.

Its a fact that only 4% of Indians pay IT whereas atleast ten times more are legally bound to pay so.

Our Tax : GDP ratio of Centre and State [also Local Self Governments] does not exceeds 18-20% by all measures leaving the Governments very few revenue for developmental & welfare measures. The GOI [and State Government] whereas are always giving excuses of lack of budget for SCs/STs and welfare of others; it has been most meticulous in not publishing the 'data' of illicit/illegal economy and the sectorwise classification in which it is generated and stacked.

Leave apart the names of the usurpers of this illegal wealth.

Who owns all this usurped wealth disproportionately and the illicit economy which can be brought to the mainstream economyby progressive taxation for Bahujan Vision Bulletin

(j)

the health, housing, education, employment, entrepreneurship and social security of All Indians? Certainly not many SCs/STs. Let the 'data' of SECC-2011 be published immediately along with the above mentioned 'data' of illicit/illegal economy.

The truth shall come out, who has committed crimes & frauds against their own country men and the 'rule of law'.

Those who are looting the national wealth immorally & illegally are given a scout free, and those who toil are being flogged. What sort of a justice is this, where cow becomes more important than humans; and governments oblivious of the loot by acts of ommission and commission?

The GOI has also done nothing radical in the budgetary allocations and in the Union Budget of 2016-17 in which the allocation for SCSP (38,832.63 cr.) and TSP (24,005.39 cr.) = 62,838.02. This comes to be less than 3% of the total Budgetary Expenditure of 22,06,43 lakh crores for 25.2% of population.

The figures of allocation & expenditure of SCSP and TSP requires a c o n s i d e r e d improvement in your State. The pcercentage of allocation must be 6

(k)

increased in proportion to their percentage population, as a proportion of total Revenue & Capital A/C, and not merely Planned Expenditure.

No amount of titles and slogans of Schemes can emancipate them socially & economically without a 'share' in the national pie.

Kindly don't ask about 'Swach Bharat' with 61.3% of rural population defecating in open, and in this it ranks 1st, whereas in GDP PPP 3rd. There are lacs of Safai Karmacharis and Manual Scavengers in the country all from a few castes of SCs, and PMs Toilet building ambition though commendable has no clarity of mechanical cleaning, drainage system in total contravention to The Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993 and Supreme Courts decisions in Safai Karmachari Andolan v.

UOI [(2009) 17 SCC 788] and Delhi Jal Board v.

National Campaign for Dignity & Right of Sewerage and Allied Workers (2011) [8 SCC 568, per G. S. Singhvi and S. K. Ganguly JJ.; UOI v.

Association for Democratic Reforms, (2002) 5 SCC 294: AIR 2002 SC 2112 : 2002 AIR SCW 2186 followed.]

The 'Housing to All' July - Dec. 2016

scheme of PM is also very deplorable considering the total square feet of living area, with inadequate ventilation and other amenities that are necessary for dignified life.

They may turn into nothing better than organised slums and ghettos in future unless dwelling/houses of 550 - 600 sq.ft. are constructed, with good ventilation, toilets and parks in vicinity. The enhanced allocation of rupees, 1,20,000 for construction of rural houses under PM Awas Yojna is not at all sufficient for a good quality RCC Construction @ of less than 350/- per sq.ft.

Many landless families are being denied this 'right of housing' which is a 'right to life' U/A 21 of The Constitution, a 'right to live with dignity', if they are not having a 'plot' for constructing houses. Most of them are SCs/ STs [or DNTs].

We can go on quoting many more statistical details and global indices at which India stands, but know that the Government is better placed to do so with its paraphernalia and institutions, if it acts with "constitutional morality" as emphasised by the Father of Indian Constitution - Dr. Babasaheb Ambedkar, time & again.

The yearly Reports of NCSC & NCST, NHRC. Reports of Bhuria Committee U/A 239. That of SocioEconomic Caste Census 2011; Census 2011; Planning Commission 2011 UNDP-HDI, and UN Committees on various covenants & conventions, Human Rights Bahujan Vision Bulletin

Council on obligations of HRs and 'caste discrimination' may kindly be referred for whatever 'empirical' details are available of direct, indirect and systemic discrimination, and the recommended remedies therein. A Great Intellectual and Revolutionary Dr. Babasaheb Ambedkar's insights and policy opinions on the 'problem' of caste & untouchability must also be looked into 'honestly' for eradication of this crime against humanity which to Him was mainly religious social - political and economic. A reference to Dr. Babasaheb Ambedkar Writings and Speeches volumes 1, 3, 5, 7, 9, 10, 15, 17 (3 Parts) and 11 published by Government of Maharashtra, and CAD by Loksabha Secretariat may be referred in particular, instead of misfounded opinions and rhetorics made by many.

We therefore shall like to affirm many significant Constitutional, Legal, Institutional, Policy and other Measures & Practices that the State Governments [and GOI] can do as "effective remedies" for the realization of "effective rights" of the SCs/STs. Your Government is having a "positive duty" to do so under The Constitution of India and The Human Rights (HRs) Covenants and Conventions that India has ratified, acceded, deposited by 'Instruments of Accession' U/ A 51(c) of Our Constitution and UNGA "human rights international law."

7

Charter Of Rights And Duties

5.

We hereby 'Petition' the 'Indian State' -the State Government [and GOI], Parliament [and State Legislatures] and other Institutions and Authorities created by the Constitution and Legislatures under The Constitution of India [and Human Rights Covenants & Conventions ICERD 1966, ICCPR 1966, ICESCR 1966, CEDAW 1976; ILO Convention 107 (1957), 169(1989); UNDRIP 2007; UDHR 1948, and POHRA 1993] : (1) The SC/ST (POA) Act 1989 and Rules 1995 (referred as Act 1989 and Rules 1995 hereafter) as amended in 2015 and notified on 26th January 2016 must be implemented in right earnest. The Rules 1995 U/S 21 & 23 of Act 1989 are having the 'preventive and remedial measures' to tackle the problem of caste & untouchability provided they are scrupulously implemented from Sub-Division Level (Tahsil/Block) to District Level, and State Level. If the State Government implements these 'preventive mechanisms' earnestly at sub-District level, monitoring every single village; atrocities/crimes on SCs/STs so inhumanely done due to the negligence and caste biases of the 'public authorities' can be easily rooted out within a couple of years.

Budgetary incentives/ disincentives from State Governments to Districts and Departments must be linked July - Dec. 2016

on the performance of various states to make this happen effectively, without which the implementation may be far distant from what is to be ensured. Since more than 90% of the atrocities are taking place in rural India, it shall be better that the village level 'public servants' like Patwari, Secretary of Gram Panchayat, Sarpanch, Agriculture Officer, Forest Officials, Police Patil, BDO, PHC Doctors/Nurses/ Other Staff, School Teachers etc. are laid with the responsibility of 'first information' to the SP/DYSP; DM/SDM about the likely happening of the incidence, failing which they can be liable for 'Disciplinary Action' under the Service Rules. This shall make the 'preventive action' for pre-empting & preventing such crimes most effectively, as they are committed mostly in isolation and connivance/ indifference of the Civil Administration & Police.

Section 40 and 39 of Code of Criminal Procedure 1973 and Sections 166, 166-A, 166-B, 167, 218, 220 of IPC 1860 must be applied scrupulously for Sec. 3 (2) and (4) of Act 1989. The same must be added to The Schedule U/S 3(2) (va). All Local Self Government Legislations and Religious Endowments, Charities & Societies Acts enacted by the State Legislatures be suitably amended for incorporating provisions of abolition of 'caste discrimination' and 'promoting equality' by the State and All Persons.

There are still many weaknesses in the Act 1989, Bahujan Vision Bulletin

mainly : (a) It does not makes "propagation" of untouchability/casteism an offence as Article 4 (a) of International Convention On The Elimination of All Forms of Racial Discrimination 1966 [referred as ICERD 1966 hereafter], envisages. (b) It does not makes provisions to declare illegal and prohibit organizations which propagate, promote and incite untouchability/ casteism [Art. 2(d) & 4(b) (c) of ICERD 1966]. (c) It does not has provision for 'just and adequate reparation/satisfaction' for any damage suffered as a result of such discrimination [Art. 6 of ICERD 1966], and "positive actions" by the State and All persons to abolish caste atrocities and promote equality. (d) Effective realization of Economic, Social and Cultural Rights [Art. 5 (e)] and Equality and Equal Treatment [Article 5 (a) (b) of ICERD 1966]. (e) The punishment for 'wilfull neglect of duties' by public servants U/S 4 is very less. It must be enhanced to two years and fine as in Sec. 62 of Money Laundering Act 2002. The 'wilfull neglect of duties' are framed only for Police officials and not others who are in administration in different offices like 8

(f)

revenue, forest, health/ m u n i c i p a l i t y , panchayats, election duty, PDS, company affairs, shops & establishment etc. who implement the various 'socio-economic schemes' as covered for offences U/S 2(1) (bc), (be), (bf) and 3(1) (f) (g) (h) (i) (j) (k) (l) (p) (za). This is a "great inconsistency" in the amended Act. Though these officials may not actually abet/ conspire/act in the crime, never the less they wilfully neglect their duties due to 'caste & religious bias' which lead to the commission of offence.

These must be treated as normal criminal proceedings based on FIR by the victims and not on the recommendation of an administrative inquiry. Sections 40, 39 of Code of Criminal Procedure 1973 and 160, 166-A, 166-B, 167, 218, 220 of IPC 1860 must be in corporated for such offences U/S 3 and 4 of Act 1989.

Many changing forms of 'offences' regarding discrimination in modern profession, occupations, housing, trade & business, various institutions, companies & establishments etc. are conspicuously missing from Sec. 3; and "positive actions" for 'promotion of equality' on all persons in absent.

July - Dec. 2016

(g)

Enormous pendency of cases in courts (1,31,184) be immediately dealt with by creation of Special Courts; filling of vacancies of Judges, ensuring that a fair percentage of Judges from SCs/STs are also there in these special courts, including that of the Public Prosecutors for rendering Justice to SCs/ STs. In short the SC/ST(POA) Act 1989 or POCRA 1955 are special criminal legislations but not antidiscrimination legislations lacking the 'civil & criminal responsibility' to abolish the caste related crimes/atrocities and the conditions which create it. We require antidiscrimination legislation immediately.

What measures your State has taken in this regard must be kindly looked into? (h) The extension of The STs and Other Traditional Forest Dwellers Act, 2006, U/S 3(1) (g) of Act 1989 is a welcome step.

Same should have been done for extension of PESA 1996; Minor Forest Produce Act 2005 [and various State Acts based on this Model Act]. The punishment for offences under Act 2006 U/S 7 is no punishment at all.

Provision for 'wilfull neglect of duties' is not there in the Act 2006.

Secondly a fine of rupees 1000 only is to make a Bahujan Vision Bulletin

(i)

mockery of STs and others Forest Dwellers. A Public Servant instead of repeated offences will have to pay a paltary sum of only rupees 1000 which is even less than a maximum of rupees 25,000 under RTI Act 2005. So where 'right to life' and 'development' is affected we are fining less than that of 'information'. This contravenes the principles of 'justice & equity'.

It must be enhanced as proportionate fine of the loses inflicted to STs and Other Forest Dwellers along with provisions for imprisonment for grave violations. Sec. 40 of CrPc, 1973 and SEC. 166, 166-A, 166-B, 167, 217, 218, 220 of IPC, 1860 must be made applicable for violations under Act 2006 and PESA 1996.

Regarding Panchayat Extension To Scheduled Areas Act 1996 (PESA 1996) and the implementation of fifth & sixth Scheduled of the Constitution in right earnest we have already 'Petitioned' the GOI and some Governors of specific states vide Ref. No. API/CRAD/V & VI Schedule/1 Dt. 10.2.2015CE - Charter of Right and Duties on the Implementation of Fifth and Sixth Schedules PESA 1996 for the Realization of Constitutional Rights [and HRs therein] of Scheduled Tribes; the 9

(j)

Indigenous People of India. (copy enclosed See Anx. III) Similarly on 'The Rights to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2014 (and Amendment therein)', we have suggested major policy improvements for guaranteeing the "rights" of landless and land owning SCs/STs [and other people] vide Ref. No./CRAD/LAA/1 Dt. 5.2.2015CE. (Copy enclosed. See Anx. IV) You may kindly look into these two very significant policy issues of the realization of Tribal Rights of V & VI Schedule and the PESA 1996, without which their 'rights and socioeconomic development' shall be empty talks at the oblivion of brutal exploitation of the rights of land, forest and water (Ob, O_rZ, OยงJb); constitution and culture.

The implementation of Protection of Civil Rights Act 1955 and Rules 1965, in particular : Sec. 10A . Power of State Government to impose collective fine [read with Sec. 16 of Act 1989].

Sec. 5. Punishment for refusing to admit person to hospitals, etc.

Sec. 14. Offences by Companies.

Sec. 15A Duty of State July - Dec. 2016

Government to ensure that the rights accruing from the abolition of "untouchability" may be availed of by the concerned persons; be implemented earnestly.

The States can take up these measures as both "positive actions" and "punitive actions." (k) The Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993 [referred as Act 1993 hereafter] must be implemented most stringently for total abolition of manual scavenging by application of the sections of CrPc 1973 and IPC 1860 as suggested above in pt. (f) & (h). The Act can be extended for the whole country be passing a resolution in Council of States U/A 249 enabling Parliament to enact for the State List.

Instead of Art. 252, this should have been done in 1993 itself which was not done then, but it does not enjoins upon the present Government not to do so.

This 'State' must take steps to get it incorporated in the aforesaid Act, 1993 and abolish manual scavenging totally, if it so exists; or declare it free from it officialy to avoid ambiguity.

The amended law must comprehensively also cover other forms of scavenging, the Bahujan Vision Bulletin

(l)

alternative Schemes, Budgets for mechainsation; right to file complaint by any one, proportionate fines and punishments for both public & private individuals, and entities for violation of the same and wilfull neglect of duties. No house and office/institution in India be without a 'water sealed latrine' including the slums, which must be developed under 'Slump Development Schemes.'

Only such can realize the FRs as guaranteed by Articles 17, 14, 15, 19, 21, 25 of The Constitution.

The short comings & defects in the present legislation must be removed by suitably amending the above Act 1993.

The 'Relief Amount' of Maximum 5,00,000 in Sch. Anx. It must be enhanced upto 50,00,000 and a three-four fold increase in all other amounts must be made.

It must be done so as a compensation/ reparation [and not relief] U/S 15A (6), (11) of Act 1989 by calculating the average life and earnings of the development of the victim and their families if they would have led a free life without the death or incapacitation under 19(a) (ii) and 20(b). This is necessary as in case of death, incapability; rape; wrongful occupation; 10

beggar/forced/bonded labour; false or vexatious proceedings; sexual exploitation of women, outraging her modesty; false evidence actually deny the rights of "right life" to U/A 21, "equality of opportunity" U/A 15, "right to freedom" U/A 19 (e) (g) which the victims of SCs/STs could have advanced in absence of the atrocity.

Thus these atrocities in particular not only violate their life & human dignity but also their opportunity & development, and must be treated as such. This amount must not be paid out of SCSP/TSP but from the Budget allocated for 'Justice' in the respective Budgets of the States/UTs and the Centre, as an obligation for fulfillment of FRs & HRs. The property as forfeited U/S 7 of Act 1989 or collective fines as levied U/S 16 of Act 1989 [read with Sec. 10A of POCRA, 1955] must be given to the victim or his/her family, in addition to the relief amount and other compensation under pt.

21 of Anx. I. The state can take a lead and formulate its model scheme of such compensation.

Unless the above points 5(1) (a) - (l) are i m p l e m e n t e d meticulously, and made the Agenda of Good July - Dec. 2016

Governance A Humanistic Governance and linked to budgetary incentives/disincentives for various Ministries/ Departments and Officials; there cannot be "effective realization" of the "positive rights" of SCs/STs by "effective remedies" that conspicuously are absent at present, but are mandated by Part III Fundamental Rights of Our Constitution; in particular Articles 17, 14, 15, 16, 19, 21, 25 and other provisions Art. 46 of DPs, Part X - The Scheduled And Tribal Areas, and Part XVI Special Provisions Relating To Certain Classes. (k) All National Crime Record Bureau Statistics for crimes/atrocities on SCs/STs must be published upto District/ Tahsil/Block Level separately, along with the motive/reasons of offences, individual/ organized form of offences for 'zeroing in' the problem of atrocities in the "identified areas" U/S 21(2) (vii) of Act 1989 and Rules 1995 therein -2(c), 3(1), 8(1), 15, 17 and 17A in particular.

Other statistics under other Chapters of NCRB report must also reflect the socioeconomic profile of victims and offenders, which may also contain SCs/STs under offenses in other Acts/Codes.

A list of organizations/ institutions/religious Bahujan Vision Bulletin

endowments/groups in any name & form abetting and/or committing 'organized crime' on SCs/STs, must be 'listed' and considered for banning them, under Sec. 10, 16, 1 7 of Act 1989. The term whoever in Sec. 3, 4 - must be constructed to mean a person/group and also associations, institutions and organizations as well. All this has become necessary to fulfil treaty obligations as suggested by UN committee on CERD in its periodic review on 15th to 19th Reports of India in February-March 2007. It reaffirmed "caste discrimination" as a discrimination based on 'descent' and therefore qualifying within the defination of 'racial discrimination'. It also recommended measures for strit implementation of Acts 1989 and 1955.

Any of the legislative enactments, creation of institutions and relevant policies must be specifically looked into by your State. The constitution of State to Sub District level preventive mechanisms under the aforesaid legislations must be meticulosly implemented, and ensured that the atrocities/ crimes against SCs/STs are abolished immeditely, failing which your Government and relevant authorities may be held Constitutionally accountable, and even so under HRs instruments. This must be kindly taken not of.

API shall be monitoring all these aspects and can proceed under "constitutional remedies" and "HRs Law" 11

against the State authorities for the violation of FRs & HRs. We want to most humbly bring this to your kind notice, before its too late.

(2) The Constitution of India and Human Rights : The Constitution of India in its Preamble enshrines Justice, Liberty, Equality and Fraternity assuring the dignity of the individual. It also guarantees the Right to Equality (Article 14-18), Right to Liberty (Articles 19-20, 2230) and Right to Life and Personal Liberty (Articles 21, 21A), Right to Religious Freedom (Articles 25-28) and with Constitutional remedies (Articles 32, 226, 227). Under Article 51(c) the State is directed to "foster respect for international law and treaty obligations in the dealings of organised peoples with one another."

Article 253 empowers our Parliament to legislate for giving effect to international agreements, under entries 12, 13, 14, 16 of Union List of Seventh Schedule U/A 246. Other relevant provisions are Art. 260 and 73(1) of The Constitution.

The International Bill of Human Rights or Universal Declaration of Human Rights 1948 (referred as UDHR, 1948 hereafter) [along with ICCPR, 1966 and ICESCR, 1966] to which India is a signatory amongst the pioneering countries, also recognizes and upholds and guarantees the "inherent dignity" and the "equal and inalienable rights of all members of human family" as the foundation of freedom, July - Dec. 2016

justice and peace in the world.

It enjoins upon the states to "protect HRs by the rule of law", and abolish "all kinds of distinctions", and "effective remedies". India has also been a signatory to UDHR 1948 and other covenants and conventions of "international human rights law" like : (i) International Covenent on Civil and Political Rights 1966 [1G.12 1966 and 10.4.1979]; (refered as ICCPR, 1966 hereafter & before). (ii) International Covenant on Economic, Social and Cultural Rights, 1966 [10.4.1979 a]; (referred as ICESCR, 1966 hereafter and before). (iii) International Convention On The Elimination of All Forms of Racial Discrimination, 1966 [2.3.1967 & 3.12.1968, notified by GOI on 18.9.2009]; (referred as ICERD, 1966 hereafter and before). (iv) Convention On The Elimination of All Forms of Discrimination Against Women 1979 [30.7.1980 and 9.7.1993]; (referred as CEDAW, 1979 hereafter and before). (v) Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, 1984 [14.10.1997]. (vi) Convention on the Bahujan Vision Bulletin

Rights of the Child 1989 [11.12.1992] - and related Optional Protocols of 25th May 2000 [30.11.2005, 16.8.2005, notified by GOI on 18.9.2009]. (vii) Convention On The Political Rights of Women, 1953 [29.4.1953 and 1.11.1961]. (viii) Protocol Amending the Slavery Convention signed at Geneva, 1953 [14.3.1954 S]. (ix) Protocol Amending the Slavery Convention, 1953 [14.3.1954 S]. (x) UN Convention Against Corruption, 2005 [9.12.2005 and 9.5.2011]. (xi) Convention for the Safeguarding of the Intangible Cultural Heritage [20.9.1994, 31.3.2006 (R), 29.6.2005].

The 'Indian State' has also signed, ratified, acceded and deposited 'instruments of accession' to various other convenants, conventions and protocols of UNGA, HRs; including that of International Labour Organization (ILO).

Our Parliament U/A 253 and such other such Articles in Part XI, Chapter 1 has enacted the Protection of Human Rights Act 1993 (10 of 1994, refered as POHRA 1993 hereafter and earlier) which was amended in 2006 (43 of 2006).

POHRA, 1993 in Sec. 2 (d) (f) defines HRs as : 2(d) "human rights" means 12

the rights relating to life, liberty, equality and dignity of the individual guaranteed by the constitution or embodied in the International Covenants and enforceable by Courts in India; 2(f) " I n t e r n a t i o n a l Covenants" means the International Covenants on Civil and Political Rights and the International Covenants on Economic, Social and Cultural Rights adopted by the General Assembly of the United Nations on the 16th December, 1966 and such other Covenant or Convention adopted by the General Assembly of the United Nations as the Central Government may, by notification, specify; The Hon'ble Supreme Court has made "most wider and progressive interpretation" of these HRs covenants and conventions [or Optional Protocols therein] in a number of cases to enlarge the scope of "universally recognised basic human rights" in view of 'Right to Life' and other FRs [and DPs] as guaranteed by Our Constitution. Prominent of these cases are : Vishaka v. State of Rajasthan, AIR 1997 SC 3011; PUCL v. UOI (1997) ISCC 301 (paras 20 & 26) AIR 1997 SC 568; Prem Shankar v. Delhi Administration (AIR 1980 SC 1935); Samanatha v. State of A.P. (AR 1997 SC 3297); Bandhua Mukti Morcha v. UOI (AIR 1997 SC 2218); Municipal Corporation, Delhi v. Female Workers (AIR 2000 SC 222); Apparel Export Promotion Councils (AIR 1999 SC 625); July - Dec. 2016

Olga Tellis v. Bombay Corporation, AIR 1986 SC 180 (paras 33-34) : (1985) 3 SCC 545. Ministry of Home Affairs v.

Collins (1973) 3 A;; ER 21 (PC); Jolly George Varghese v. Bank of Cochin AIR 1980 SC 470 : (1980) 2 SCC 360 : ILR (1980); Francis Coralie Mullin v. Union Territory of Delhi AIR 1981 SC 746 : 1981 Cr LJ 306 : (1981) 1 SCC; Madhu Kishwar v. State of Bihar AIR 1966 SC 1864 : (1996) 5 SCC 125 : 1996 AIR SCW 2178; Anurag Garg v. Hotel Association of India, (2008) 3SCC 1 : AIR 2008 SC 663 : (2008) 2 SLR 472; State v. M. Krishna Mohan, (2007) 14 SCC 667 : AIR 2008 SC 368 : 2007 AIR SCW 7044; Sheel kr. Roy v.

Ministry of Defence, (2007) 12 SCC 462 : (2008) 2 SCC (L & S) 496.

In view of the above HRs instruments and treaty obligations, The Indian Constitution and its wider & progressive interpretation made by The Hon'ble Supreme Court to give a meaningful form to human rights jurisprudence; it is stated that the following legislative, judicial, institutional, policy and other measures be taken by the GOI and State Governments within the provisions of The Constitution and POHRA, 1993 for the realization of "positive rights" of the SCs, STs [and the People of India]; (a) Amend the Indian Constitution Part III, IV and related provisions to "incorporate" the 1st[civil and political rights], 2nd [economic, social and cultural rights] and 3rd [collective rights] Bahujan Vision Bulletin

(b)

generation Human Rights as Fundamental Rights.

This shall make every legislative enactment and policy measures to conform to the HRs; including that of the "constitutional interpretation" on the lines of that of many Constitutions of European Countries and that of South Africa, Uganda etc. National Human Rights Commission be made a Constitutional Commission like NCSC, NCST. A reference of the same may be found in South African Constitution and that of a number of European Constitutions.

A 'Separate Bench' of HRs be constituted in every High Court and the Supreme Court with "principles of interpretation" to take into account the HRs in interpreting the Constitution and various Legislations and Policies therein be incorporated in Article 147.

Atleast 6-8 Benches of the Supreme Court headed by three judges be constituted U/A 130 in Bangalore/Chennai; Calcutta/Guwahati, Srinagar, Ahmedabad/ Vadodra, Nagpur, Allahabad/Patna for making justice accessible to the People of various regions of and the States at their doorsteps, 13

considering the fact that the distance for People of North East, South, East and West India to Delhi is over 1200 kms and makes the remedy U/A 32 ineffective for "effective realization" of their FRs and HRs, inspite of the remedy U/ A 226 of our Constitution. For the larger issues of "wider interpretation of the constitution and legislations" which are being dealt with by the Hon'ble High Courts in a few percentile of cases at present, irrespective of their position as constitutional courts.

Any how the final power to interpret the Constitution and Legislations lies with the Supreme Court. The Citizens cannot afford to fight the cases against the 'State' for the realization of FRs, due to the paucity of time, money, energy, lack of acquaintances and indifference to distance.

In view of the above creation of 6-8 Benches of Supreme Court in different regions of country U/A 130 have become absolutely necessary. Similarly adequate Benches (2-4) of Hon'ble High Courts be constituted in different regions of the state for making 'justice accessible' to the people in most convinent manner, as per the July - Dec. 2016

(c)

provisions of The Constitution and the opinion of Constitutional Courts.

The Contempt of Courts & Act 1971, and related Rules must be amended to exclude genuine complaints about judges, judicial officers and others being made by the litigants without the fear of costs or trial.

Reasonable Opportunity under the principle of Natural Justice is the due procedure, but some rules must be set for undoing with "unreasonable opportunity", expediting the justice delivery with in a reasonable time and situation for "effective realization" of the rights of People.

The Parliament must empower all 'HRs Courts' constituted U/S 30 of POHRA 1993 the remedy U/A 32 (3) of The Constitution, in every District of States for the "effective realization" of the "positive rights" of HRs and FRs of the People.

Without which their can be no adjudication of violation of HRs and necessary remedies of rectification, relief, compensation, reparation remedies etc.

NHRC is not empowered to do so, and Paris Declaration for NHRI are very specific about this. At present the POHRA, 1993 is a

Bahujan Vision Bulletin

(d)

travesty of Human Rights, as it does not defines HRs in details; its jurisdiction on public & private entities; civil & criminal liability; its violations; punishments & remedies; HRs Tribunal; evaluation of plans & policies by the NHRC and/or Minister incharge of HRs, and reports to be laid within 3 months from 31 st December on the floor of Parliament etc.

Who has to constitute these 'Human Rights Courts', the State or Centre? It is not clear.

Any how under Entry 11A of concurrent List III of VII Schedule [and entries 12-14], enable the Centre to do so, without waiting for the States.

POHRA 1993 be amended to incorporate in detail the 1st (civil & political rights), 2 nd (economic, social & cultural rights) & 3 rd (collective rights) generation HRs and the offences/punishments for their violation; and HRs be made binding on every "pubic & private individuals and entities".

All offences in addition to those of the above, which now deal with SC/ST (POA) Act 1989; POCRA 1955; Manual Scavenging (Prohibition) Act 1993; PESA 1996 and Forest Dwellers Act 2006, Right to Education Act, 2009 and other legislations dealing to abolish 14

(e)

discrimination be defined as offences related to that of HRs. Provisions of punishment for nonconstituting of 'HRs courts' by the states be incorporated.

Your Government must immediately take up the constituting of 'HRs Courts' in every District immediately that the states are bound to do U/S 30 of POHRA, 1993.

An-Anti Caste Discrimination Act be enacted on the lines of Equality Act, 2010 of UK; and Promotion of Equality and Prevention of Unfair Discrimination Act 2000 of South Africa, Canada, Australia, Newzeland and Malaysia to effectively deal with all forms of discrimination [and exclusions, harassment] by "positive & affirmative action" related to land, labour and capital markets; rights and development in education, e m p l o y m e n t , endowments, health, housing, services, social security, financial & non financial ownership, art & culture, electoral representation, religious freedom, hate speech & ideas, institutions & associations both public and private etc, all in one legislation. This antidiscrimination legisltion must have an overriding effect over all other July - Dec. 2016

legislations as far as abolishing discrimination and "positive & affirmative action" is concerned.

This has become absolutely necessary to abolish multiple discriminations, exclusion and deprivation based on 'caste' [gender, ethnicity, race, sex, age, disability, religion, belief, faith etc.] in the modern forms of democratic institutions and related discrimination in markets and other p r i v a t e / c i v i l organizations, institutions and associations. Committee on CERD, in 70th session on 23rd & 26th February & 6 th March 2007 considered 15t h - 19 th Periodic Reports of India and has clearly reaffirmed "caste discrmimination" as a discrimination based on 'descent' and therefore within the ambit of 'racial discrmination'. It also suggested India to bring in 'Anti Discrimination and Affirmative Legislation', but without much progress by Indian State even after 9 years and 5 months; thus continuing to perpetuate 'caste discrimination' in every field of National Life, affecting the SCs/ STs most.

Similarly the Committe on CEDAW on 2.7.2014 in its concluding observations on 4th & 5th Bahujan Vision Bulletin

(f)

Periodic Reports of India also recommended for enactment of such an 'Anti Discrimination Legislations', but GOI seems most reluctant to bring in such HRs legislations. It must urgently make endeavours to enact such a legislation.

A 'Joint Parliamentary Committee On Human Rights' be constituted as the Standing Committee of both Houses with MPs from SCs, STs, DNTs, Women, Minorities, OBCs and others as Members, along with a provision of 'Petitioning' the committee by any citizen, association, organization and entity on the issues of HRs. Such 'Legislative Committee on HRs' must be constituted by your state. A Minister must look into the affairs of HRs. It can be either Minister of Law and Justice or any other Minister of Home or External Affairs. The name of the Ministry be so changed or a separate HRs Ministry may be constituted. At State level such arrangment must also be made.

Any Legislation & Rules therein be first refered to the committee before enactment and the Bill be amended along with the recommendations of the committee before final consideration of the Houses.

15

(g)

(h)

The Committee must be also asked upon to suggest necessary amendments in all the Legislations enacted till date by the Parliament and State Legislatures for conforming with HRs. Every State Legislatures must also constitute a Committee of HRs on the lines of the Parliamentary Committee on HRs. A precedence of the same can be find in most Parliaments of European and in Countries particular of the British Parliament.

The Reports of the UN Economic and Social Council (UNEOSOC); UN Human Rights Council; Committees on CPR, ESCR, CERD, CEDAW, CAC, CAT; OHCHR, and Responses by the 'Indian State' on the compliance of various covenants & conventions ratified, acceded and deposited

by India be laid on the floor of both the Houses of Parliament along with that of the Annual Reports of the NHRC [and SHRCs in State Legislatures]. They be made public on portal and under RTI Act 2005.

The web portal of India's Permanent Mission to UN, New York must also reflect all such details, which is conspicously missing at present.

"Caste Discrimination" be declared as a form of July - Dec. 2016

(h)

'racial discrimination' under ICERD, 1966. The Committee on CERD as referred in 5(2) (e) above has already mentioned so.

It has also recommended to ratify ILO convention 169 of 1989. As such the STs, [DNTs] and SCs be declared as "indigenous people" under ILO convention (C 169 of 1989) in continuity with convention (No. 107 of 1957) and UN Declaration On The Rights of Indigenous People, 2007. "Effective measures" be adopted in accordance with this Convention concerning Indigenous And Tribal Peoples In Independent Countries, 1989, and UN Declaration On Rights Of Indigenous People, 2007.

The GOI must take lead in getting Asian Countries on board for resolving an Asian Convention of Human Rights, with the creation of an Asian Human Rights Commission, and Asian Human Rights Court; as a regional instruments to give "effective form" to UNDHR, 1948 and other c o n v e n a n t s , conventions, optional protocols. The various regions like Europe, America, Africa and even Arabia has done so.

Why then not Asia? This shall not only realize the HRs of People of Asia

Bahujan Vision Bulletin

(i)

but also help reduce military conflict and competition, currently in place, which is costing valuable resources of development, for bullying other nations.

Asia is becoming a 'cockpit of war' and 'volcano of nuclear escalation'. Let us be wise in not perpetuating this 'annihilation of human civilization'!

The GOI must provide infrastructure and assistance for UN ECOSOC, OHCHR, UNHRC, Commissions/ Committees Rapertours offices for India, in 'Central India' [not alone in Delhi] for enabling individuals, groups and associations a recourse to various HRs instruments, directly with them after exhausting remedies under legislations and judiciary. UN must positively consider expanding the regional instruments and offices in India for "effective remedies" of realization of HRs. Various Common Wealth Declarations and HRs Initiatives be adhered to within the scope and meaning of HRs Law and Indian Constitution.

The Sustainable Development Goals (SDGs) as signed by India in September 2015 be scrupulously implemented for 16

(j)

achieving not only a 'sustainable & sustained development' but a 'equitable, just and humane development' of All Indians. Let its Report as mandated (See UN A/Res/70/1, Transforming Our World : The 2030 Agenda for Sustainable Development) be made public and laid in the Parliament on due date.

The relevant goals of SDGs (17 Goals, 167 targets) be linked to the overall development of SCs/STs [DNTs, OBCs and Minorities, Women, poor etc.]. Let the NITI Ayog engage with the Political Parties, Organizations, Associations, NGOs who want to tender in their views on this. Let the "planning and implementation" be consultative & participatory for 'just & fair niti or policy.' Let there be developed two indicators to be incorporated in SDGs indicators as : (a) Discrimination and Deprivation Index (DDI), and (b) Equality Attainment Index (EAI) to actually fulfillfil the letter and spirit of the 'Declaration' of SDGs, and measure their out comes with equality, equity, justice & development for SCs/ STs [and other deprived communities].

The Indian State must July - Dec. 2016

actively consider ratifying Optional Protocol on ICCPR, 1966; ICESCR 2008 and other protocols; covenants & conventions which deal with HRs. All the above measures shall not only enable the realization of FRs & HRs of the SCs/STs but the People of India by & large.

The State Government must take up the above issues with GOI for the enforcement of FRs & HRs and realization SDGs. It must take up initiatives where ever the Constitution and POHRA, 1993 empowers it to do so.

(3) Land to Landless SCs/ STs and Related Measures of Distributive Justice : As reflected in point 4. (iv) Table 3 the per ownership of land of SCs is 0.041 hec and STs 0.145 hec. The SECC 2011 have brought out a grim picture with the 45.15% of SC and 29.84% of ST rural households are landless. It has been so due to the 'historical discrimination' of untouchability, and exclusion on the basis of ethnicity & culture of the Tribals. These landless households in absence of land have to depend mainly on casual labour 67.25% SCs and 51.36% STs. This in turn results in their deprivation SCs (72.58%) and STs (78.58%).

Only 18.35% of SCs and 37.93% of STs are cultivators.

Only 2.42% SCs and 1.48% STs are in Jobs in Private Sector amongst these rural Bahujan Vision Bulletin

households, and merely 11.29% SCs and 6.36% STs own a pucca house.

The problem is quite eminent. No land, No House !

No land, No Loan! No land, No Ownership ! No land, No Production !! Nay ! No Land, No Dignity, No Right, No Security, No Development !!!

Landlessness of the SCs and STs [and DNTs] is the root at the problem of the social & economic dependence and resulting servitude of the trio of 'caste feudal religious patriarchal system' of the land owning dominant castes, village businessmen and temple priest. All forming perpetrators of 'systemic discrimination' and "criminal nexus" to exploit SCs/STs men, and women in particular in the garb of religion, culture, custom & tradition and debtdependency in an organized manner [Committee on CERD as referred above in pt. 5. (e) (e) has brought the physical abuses of SC/ST women as a grave violation of HRs under ICERD, 1966; and recommended stern majors for the redressal of same]. They form a whole of 'organized criminal conspiracy' both as abetters and perpetrators of crimes/atrocities on SCs & STs [and other DNTs also]. They perform 'criminal misconduct, and offence' both as individuals and organized groups/organizations in different name & forms; which must be 'identified and listed' under the mechanism of various committees and Sec. 10, 17 under SC/ST (POA) Act 1989 and Rules 1995, for 17

considering punitive action on them.

It is well reported by various 'land use classification statistics' that India is having sufficient 'cultivable waste land' owned by the Government. If required even today a 'data' can be buildup

by GOI in cooperation with the various State Governments in different categories including in SEZ and religious endowments. In 2004 the then President of India Hon'ble K. R. Narayan, constitued Governors Committtee of all States/UTs of country which reported that their is sufficient available land with the Government for distributing it to the landless. 2015 statistics of Directorate of Economics and Statistics, MOA, GOI states that 12.86 million hectares (4.2% of 305.61 mi.ha) is "culturable waste land"; 10.48 mi.ha (3.4%) is "fallow land", and 16.78 mi.ha (5.5%) barren and uncultivable land in the country. The first and second category of land can be utilised for distribution. But nothing major has been done by successive State Governments since land is a State Subject in list II under entry 18. The Central Government should take up the matter of distribution of land to landless SCs/STs families at the earliest and link it to some incentives/ disincentives, under Central Outlay to States. The States must identify all land available under different categories of landuse; ceiling land etc.; declare this 'data' and take up the distribution of land to landless SC/ST households July - Dec. 2016

immediately. Plot to all landless families be given for enabling them qualify construction of house under PM Awas Yojna or any other scheme under your government. (i) The land to landless SCs/STs [and DNTs] houselholds be given, atleast 4 hectares of land (i.e. 10 acres) jointly owned by the husband and wife or legitimate family members in absence of them. This land must be as far as possible be given in a joint place of 3-4 villages which can also create their settlement, thus guaranteeing them social & economic security, away from the 'caste Hindus'. This settlement must be recognized as a 'revenue village' for purpose of development and formation of village panchayats/block panchayats under Part IX of The Constitution.

The land must be of good quality worth cultivation, and be provided with 'micro irrigation' facilities by the Government, with other inputs and credit for cultivation and the same be organized as agricultural industry.

In every Block/Tahsil Agro Based Industries be encouraged with "shareholding" of these SCs/STs [and DNTs] households upto atleast 20-25%, which can be Bahujan Vision Bulletin

(ii)

either financed by a Separate Corporation set by the Government under SC/ST subplans or directly by SCFDC, Banks and Financial Institutions with allocated targets and funds being provided.

FDI in Agro & Retail sector must be encouraged for creating rural infracture, storage & processing units, and such private corporations be set with a condition to procure 20-25% of their produce from SCs/STs households. Incentives can be given to corporates employing 25% of SCs/STs in their units at all levels-labour to managerial; more significantly at middle and top management.

Land Ceiling Laws and Benami Lands must be s c r u p u l o u s l y implemented. Land declared surplus must be distributed, to SCs/STs [and DNTs] households.

Lands beyond a certain area say 10-15 hectares with 'religious endowments' must also be taken up for this purpose.

Suitable amendments to this effect be carried in The Religious Endowments Act, 1863; The Charitable Endowments Act, 1890 and other State Legislations dealing with religious and charitable endowments [public/private] 18

enacted by the Parliament [or State Legislatures] as the entry 10, 11 & 28 pertaining to these fall in List III of The Constitution.

The Annual Income & Expenditure A/cs declaration of all "financial & nonfinancial assets" of these Endowments and Trusts be made compulsory with the name of Donors. Income and Expenses beyond rupees 20,000/- be made only by financial instruments like cheque or electronic transfer, as a lot of illicit/illegal money and asset transactions may be involved in these donations and expenditures. A specific provisions in the relevant Religious/ Charitable Acts and other Taxation Legislations be made.

Till such time Sec. 92 of CPC 1908 be resorted to.

The Audited Accounts by Chartered Accountants recognized

by CAG must be submitted to the appropriate authorities every year and be made public. All amount received in a single year by religious e n d o w m e n t s , institutions where actual charity is not involved must be taxed at more than 50%. Wealth tax, Capital Gains tax must July - Dec. 2016

be levied on the nonfinancial assets, and Transaction tax on financial assets. Fees must be levied where ever the services by the state is provided to them. Unwarranted Budgetary Support to religious tourism under different heads must be curbed. This has become necessary in view of aprox. 100 lakh crore worth of unproductive [and may be illegal] wealth being stacked in these endowments which not only creates disparity, but loss to national exchequer. This 'caste capitalist religious feudal system' is also responsible for ' s y s t e m i c discrimination' of SCs/ STs [and other deprived people] and seldom serve any 'public purpose' and charity; but for serving the casteclass interests of a few the so called traivarnika communities; which brutally arms and enables them to perpetuate the 'caste discrimination', ad infinitum. This 'state' must take actions within the provisions of constitution and relevant legislations for all the above. The 'abolition of discrimination', and 'promotion of equality' is a responsibility only of State but also All Persons under ICERD, Bahujan Vision Bulletin

(iii)

(iv)

(v)

(vi)

1966. We must amend our prevailing laws to conform to HRs treaty obligations.

Land can be purchased from landowners for distribution to SCs/STs [and DNTs] households by a Corporation setup for this purpose by the Central Government with State Branches.

Land Acquisition and Resettlement must be 'fair & just' as already Petition to GOI vide Ref. No/CRAD/LAA/1Dt. 5.2.105CE. (See Anx. IV) If the State Governments do not take up this biggest structural reform immediately within a year, to liberate the SCs/ STs from the yoke of 'caste feudal patriarchial irreligious system' the Parliament can take up legislating U/A 249 on entry 18 of State List by initiating a resolution in the 'Council of States.'

Its better that the States take "positive actions" in this regard.

'Agricultural Income' above 3 lakh rupees earned as profit by an individual or 8 lakh rupees by family be taxed at a lower slab of 6-16%, and upto 20-25% for agricultural incomes above 10 lakh rupees. A rational formula can be designed for this under a committee constituted by the GOI. This shall also reduce 'rural inequality' and bring in 19

large revenues to the government, without affecting the agriculture sector. It shall also reduce the tyranny of caste feudal land owning communities who perpectuate atrocities on SCs/STs. (vii) All agricultural lands purchased after 1991 over and above 5 hectares be verified for source of money by the purchasers, since after liberalization of economy a lot of business and real estate persons have purchased such lands with unaccounted money and are also adjusting there annual income as agricultural income, getting exempted from substantial amount which must be otherwise paid as Income Tax. (viii) A nominal percentage of 5-8% of the value of agricultural land be levied as 'inheritance tax', if it is transferred to inheritors of family for lands over and above 4 hectares.

All the above measures shall realize 'equity & endowments to SCs/ STs' with justice and transform the 'caste feudal irreligious patriarchial system' which is at the root of these atrocities/crimes.

Nothing else shall work more effectively than this measure of 'Distributive Justice', to July - Dec. 2016

tackle this problem of ' h i s t o r i c a l discrimination' past & present. Unless the land, ownership of assets, occupations [and e d u c a t i o n a l advancement] are fairly altered for 'justice & equity', nothing else can address this malady.

Mere special legislations of Act 1989 and political reservation cannot solve this problem, though they are necessary.

Most of these 'policy and obligations" 'protection of rights' of SCs & STs are to be acted upon by the State Government, therefore it must immediately take up within the provisions of The Constitution and relevant legislations.

(4) SC/ST Sub Plans, Allocation, Expenditure and Enactment : The GOI under the aegis of NITI Ayog is thinking to dispense the two heads of planned and unplanned expenditure. The Railway Budget is also to be merged in the Union Budget. This is likely to affect the Subplans for SCs/STs as a percentile of 'planned expenditure'. It is therefore asserted that : (i) The SCSP and TSP be allocated out of the "total" 'Revenue and Capital Account Receipts" in percentage of their population (upto 25%) or in a just & fair proportion, from the Bahujan Vision Bulletin

(ii)

(iii)

present 3%.

All such amount should be exclusively allocated and spend, only for the 'socioe c o n o m i c development of SCs/ STs'. No amount must be diverted for any other purposes, whatsoever.

A 'SCSP and TSP Act' be enacted for this purpose by the Parliament, along with provisions of proportionate fine and imprisonment for major violations upto two years for anyone responsible for the violation, including the 'Public Servants'.

Reference of enactment by Andhra Pradesh is invited in this regard.

A separate 'audited statement' of this amount of SCSP and TSP done by CAG be laid in the Houses of Legislatures of States, and Parliament.

Enactment of State Level Acts for the SCSP and TSP must be taken up immediately; and allocations be increased and expenditures be meticulously implemented. This has also become necessary to fulfill the treaty obligations as suggested by committee on CERD as referred above in 20

pt. 5(2) (e).

(5) Representation, Reservation, Affirmative Actions and other Equality Measures : (i) 117 th Constitutional Amendment be enacted immediately for guaranteeing reservations in promotions. (ii) A 'Reservation Act' be enacted with clear provisions of reservation 25.2% [16.6% for SCs and 8.6% for STs] in appointment & posts; total posts, backlog, promotion, eligibility, responsibilities of implementation along with punishment of offences with both a proportionate fine and imprisonment.

A reference of such enactment by Maharashtra Legislature is invited.

The Act be saved in Ninth Schedule. All State Legislatures must enact State Legislations on the line of Act of Parliament and ensure percentage of reservation in proportion to population in their respective states.

Enactment of 'Reservation Act' be taken up by the state urgently and reservation be guaranteed in proportion to their population.

Similarly the legislations and rules for issurance of 'caste certificates and validity' be fairly enacted/amended to avoid harrassment of genuine SCs/STs, by deterring others.

All communities of the State who are Denotified Tribes, and or Nomadic and Semi Nomadic Tribes; or others who satisfy the provision of Art. 341 & 342; 366 (24) (25) must be immediately refered to NCSC, NCST and RG&CC for July - Dec. 2016

tendering their views for incorporation in the SC, ST list by the Parliament. This matter of proper classification must not be delayed as it leads to denial of "constitutional and fundamental rights" of these persons, and hence the 'right to life' and development. (iii) All India Judicial Services U/A 312 (3) (4) be uniformly started by GOI, with 25.2% of reservation for SCs/ STs in percentage to their population. Special measures be taken for representation of SCs/STs [Minorities and Women] in High Courts and Supreme Courts for making the judiciary fairly representative. The Committee on CERD as referred in 5(2) (e) has also suggested this for redressing "caste discrimination." (iv) Affirmative Action in Private Sector [organized, as well as unorganized] be implemented by an 'Affirmative Action Enactment' to ensure 25% representation of SCs/STs in all jobs from labour to managerial [skilled & unskilled]. The 'public sector' employment hardly provides 4-5% jobs, while the remaining 8-9% jobs are in organized private sector. At present reservation to SCs/STs in public sector is less than 1.5% jobs available in the country.

Therefore affirmative action in private sector has become absolutely imperative. These companies & establishments are also provided a lot of incentives like land, loans; cheap electricity, water; tax exemptions from public Bahujan Vision Bulletin

money and are 'public aided private sector' indeed, and not purely private. They also enjoy low cost of production by not obliged to pay 'living wages', but bare minimum wages. This creates economic inequality and injustices to the toiling masses, most of whom are SCs/STs [or OBCs and Minorities]. Public Policy of Affirmative Action in private sector U/A 15(4) for the advancement of SCs/STs [and other backward classes] as such has become a must for attaining 'equity & opportunity.'

Those companies and establishments who shall undertake these measures must be provided tax/loan/ land, incentives & exemptions.

Those who don't must be not be extended any such help.

There must be an 'AntiDiscrimination or Equality Officer' in each company & establishment to comply with the Anti-Caste Discrimination Act. (a) All procurement and contracts by Government Departments and BOT, PPP being given loan or tax reliefs by Governments must ensure that atleast 15-20% of such procurement and contracts are made from entrepreneurs, suppliers from SCs/STs. (b) The GOI and State Governments must set up a 'Financial Corporation for SCs/STs' and this corporation must be funded under SCSP and TSP for purchasing upto 25% of 'shares' of ranked 21

listed companies in the name of families of SCs/ STs. Each family of SCs/ STs must be made a 'shareholder' of the companies, excluding those who are having an annual income of rupees ten lakhs. They can be free to invest on their own. (c) Finance for lending to SC/ST Entrepreneurs be provided in Union Budget upto 1 lakh crore in coming financial year, with subsequent increase each year. Rules for collateral guarantees be relaxed. (d) An Equality Opportunity Measures (EOM) be initiated by enacting an 'Equality Opportunity Commission' in land, labour and capital markets for the discriminated & deprived communities. 'Menon Committee Report', Ranganath Mishra Commission Report may be considered, as suggested by Sacchar Commission and extended even for SCs/ STs [along with Minorities and other Deprived Communities].

These EOMs and Affirmative Actions Measures to promote 'equality & social justice' can be defined in a single legislation i.e. 'AntiDiscrimination and Affirmative Action Legislation'.

A look of 'data' of crimes/atrocities on SCs/STs in States and their HDI ranking does not establishes July - Dec. 2016

any relationship between Human Development and less or high ratio of crimes/ atrocities. The classic example is Kerala which is 1st in HDI but appears to be 8th in matter of atrocities and Andhra Pradesh 2nd inspite of its 15th rank in HDI. Two separate indices must therefore be deviced for this. One 'Discrimination and Deprivation Index' (DDI) for measuring the discrimination & deprivation of communities on socio-economic indicators, and second an 'Equality Attainment Index' (EAI) for measuring the outcomes of EOMs and all the other policies being implemented.

Necessary legislations, policy & institutional measures be taken up by the State Government.

(6) Education and Learning : Uniform Curriculum, Schools and Teachers must be created upto 10 + 2 level.

Differential Education which is being carried with three curriculums and types of schools must be harmonised, as it is at the root of discrimination and inequality of 'knowledge & skills' and lead to two class of students from the schooling itself.

Higher Education be made accessible & affordable for attaining both 'quality & equality of education and skills'. The curriculum, pedagogy, learning environment and outcomes must all abolish discrimination for the creation of a 'democratic humane society' and good citizenry. Ample guidelines are there in this regard in various Reports on Bahujan Vision Bulletin

Education of UNESCO. They must be adhered to.

Discrimination in institutions of learning [both public & private] whether primary or higher be abolished by incorporating a provision in 'Anti-Caste Discrimination Law' as mentioned above, with provisions of proportionate fine and/or imprisonment for persons and institutions offending it. Rohit Vemulla's abetted suicide case in HCU has brought us to point of redressing this menace immediately. 'Sukhdev Thorat Committee' recommendations give ample insights for this.

The syllabus and pedagogy must be designed to abolish 'caste discrimination [and all other discriminations] and formation of a 'democratic, scientific, egalitarian & humane society'.

Rights of Teaching and Non-Teaching community along with Students be adequately safeguarded. The Teaching Community not be subjected to all kinds of government surveys & work, as it overburdends then and affects "quality of education" most in government schools where the students of SCs/STs [and DNTs, OBCs, Minorities] study. The Managements of Private Adided/Non-Aided Educational Institutions must also be made accountable accordingly.

Necessary legislative, policy & institutional measures be taken up earnestly.

(7) Bringing A Representative and Equitable Fair 'Electoral System, 22

Methods, Procedures & Rules' : This is also one of a fundamental reform for guaranteeing a true representation which is equitably fair not only to the SCs/STs but also the People of India. We have already 'Petitioned' GOI, Ministry of Law & Justice and Law Commission vide three Petitions : (a) Ref. No./API/CIESER/Pet./1 Dt. 1.6.2014CE (b) Ref. No./API/CIESER/Pet./1 Dt. 26.11.2015CE (c) Ref. No./API/CIESER/Pet./1-A1 Dt. 10.1.2016CE (See Anx. V) These Petitions have been submitted under subject : Petition regarding change in Indian Electoral System and Necessary Electoral Reforms for Making our Parliamentary Democracy truly Representative, Participatory and Just.

They are classified in mainly 5-6 areas : (i) Bringing in Proportional Representation System (PR) with a cut of 2% votes along with First Past The Post System (FPTP). Atleast 60-70% of seats must be under PR and remaining under FPTP. The FPTP seats must be 'multi-member 2-3', and not single member as of date. This shall enable the SCs/STs to elect their true representatives, which at present they cannot even in reserved seats, where over 65-70% votes are of the non SCs/STs. This July - Dec. 2016

(ii)

shall also make 'majority votes' representative and install a Government of 'majority votes', which is not in place today, with 'minority votes' 30-35% Governments being formed. The present NDA Government is no exception to this.

84 th Amendment Act, 2001 and 87th, 2003 which has put a ceiling on the number of MPs U/A 81(3) 82 and MLAs U/A 170 (2) upto 2031 i.e. the first census after 2026 has made our Parliamentary Democracy most nonrepresentative with a disproportionate ratio of 1 MP : 22.28 lakh people; 1 MLA : 2.93 lakh people, whereas this is 1 MP : 90 thousand in UK and 1 : 6 lakh in USA. The freezing of the number of seats to the Parliament and Legislative Assemblies continues ever since 42 nd Amendment Act 1976, erroneously envisaged for family planning.

Instead of controlling the population in effective manner, it has denied the people their FRs of equality, of opportunity, liberty and discriminated the people of different states with different electoral strengths. (See Table 8-9, Anx. VI) This amendment has not only deprived all Indians to elect their true representatives, but also made representation of

Bahujan Vision Bulletin

SCs/STs MPs, MLAs ineffective in 543 single member 'territorial constituencies' with improper delimitation; not only violating the 'Equality of Electorate' in different States/UTs but also, the 'Territorial Equality' and 'Equality in Franchise'. This has made the fundamental principle of 'political democracy' "One Person, One Vote, One Value" distorted into "One Person, One Vote, Different Values".

Whereas the highest electoral quota was that of 27,44,840 in Rajasthan and lowest that of 6,91,306 in Sikkim in 2001, Similarly it was 23,93,319 for Delhi (UT) but 64,429 for Lakshadweep (UT).

Some State & UTs under represented and some over represented.

Whereas the present seats for SCs/STs (25.2% population in 2011) must be 137 (90 for SCs & 47 for STs), it is only 131 at present; 84 (SC reserved seats ) 47 (ST reserved seats).

This ceiling on the number of MPs and MLAs must be removed immediately by amending 84th and 87th amendments, Articles 81, 82, 170, 330, 332 and 55 and constituencies be delimited before the General Elections to Loksabha in 2019.

Atleast 1 MP : 10 lakh 23

population with a proportional increase in seats to around 1100 be made. The seats in FPTP bust be multi-member 23 and not 1 as at present for MPs & MLAs. Ratio of MLAs must be 1:1.5 lakh population. (iii) 'Public Funding' to candidates and Political Parties be introduced by allocation in Budget and a 'ceiling' on expenditures of Political Parties and Third Parties be imposed; for the ceiling of 70 lakhs or 20 lakhs for MPs & MLAs becomes meaningless with crores being spend

by Political Parties and Third Parties [i.e. friends, relatives, institutions, trusts, religious, endowments, interest group etc.] per constituency. This is violative of right to equality', (Art. 14) and 'right to liberty' 19(1) (a) (c). Their can be no 'free & fair elections' between the rich & poor, weak & strong, privileged & under privileged; men & women in an 'electoral system & method' designed on a discriminatory and unequal basis. Mere periodic elections, reservations to SCs/STs and right to contest elections and cast votes do not guarantee a 'free & fair election'; 'right electoral method, system, procedure' does.

July - Dec. 2016

The Election Commission of India [and State Election Commissions U/A 243K and 243 ZA(1)] can impose this ceiling under powers conferred upon it by Article 324, but has not done so. Why? We have given an extensive formula for this in our Petitions for the rate of funding per vote. This shall reduce the election expenditure and bring back GST and other taxes to the Government. (iv) 'Fair Media Regulation' [print, electronic, social medias] for covering candidates & parties; uniform rates of advertisement fixed by ECI, and SEC at government rates [and not market rates subjected to demand & supply law]; fair regulation for opinion & exist polls with declaration of methodology, sample size & form, funding sources and details of expertise of agencies and experts; no overt/covert campaign by appearances in media, social media, advertisements in news papers on the day of poll etc. must be made. The ECI can do it U/A 324 as mentioned above, and SEC U/A 243K & 243ZA(1). (v) VPATs be fixed in all EVMs [around 11 lakh EVMs required] in compliance with Hon'ble Bahujan Vision Bulletin

Supreme Courts Judgement Dated 8.10.2013 in Dr. Subramaniyam Swamy v.

ECI case. The paper trails be placed in a box and be counted with random sample method to tally electronic votes. The GOI must immediately allocate the budget required for this in the forthcoming Union Budget 2017-18, which it has not done till date.

The above (iii) - (v) must also be introduced in Local Self Government Bodies elections, under Part IX and IXA of The Constitution. These must be taken up by the State Governments for guaranteeing 'free & fair elections', as necessary obligations. (vi) The State Election Commissions must uniformly incorporate the list of 'free symbols' as notified by ECI, and make regulations 'fair & uniform' for the political parties to enable them participate in Local Self Government, and Elections Under Part IX and IXA of The Constitution. At present their is no uniformity in different states. ECI must also look into this matter and advice the SECs, on various measures to conduct 'free & fair elections.' (vi) The 'reorganization of states' [instead of falty and disproportionate delimitation and ceiling 24

on MPs & MLAs upto 2031 in name of population policy] based on democratic considerations and that of viability, administrative convenience, culture & language be made keeping in the sentiments of people and flexible federalism; along with the above changes in electoral system & methods and taxation for tackling the problem of 'communal majority' viz a viz 'communal minority', which shall continue to be tyrannical unless such a reorganization is taken place. A second 'States Reorganization Commission' be constituted for this and 'smaller states' be organized with Hyderabad [or Nagpur] as 2nd Capital of Country as suggested by Dr. B. R. Ambedkar before the Fazal Ali Commission in his research treatise 'Thoughts on Linguistic States' 1955.

It is requested to this State to looking to the matter and take its stand on the above considerations, adn others that they consider suitable.

The 'free & fair elections' has been upheld as 'basic structure' of The Constitution by Hon'ble Supreme Court in Indira Nehru Gandhi v. Rajnarain (AIR 1975 SC 2299 : (1975) Supp SCC1 : July - Dec. 2016

1976 ISCR 247; PUCL v. UOI (AIR 2003 SC 2363 : 2003 (3) SCALE 263 : (2003) 4 SCC 399 : (2003) 23 (R1 136) and Kuldip Nayar v. UOI (AIR 2006 SC 3127); after its landmark verdict in Keshwananda Bharti Case (1973). It has become absolutely necessary to bring in the above changes in our 'electoral system, methods and procedures' for making our Democracy truly representative and participatory; which the present system is not. As it is most discriminatory and excludes the SCs,STs, Women and Minorities from 'free & fair and equitable representation'.

Modern Democracies in Europe and even in Latin America, Asia and Africa have made such changes, but we are still following the worst nonrepresentative and discriminatory model reaffirming our colonial legacy as no different than swadeshi.

The present system is violative of FRs [Art. 14, 15, 19(1) (a) (c), 21] and HRs [ICCPR, 1966; ICERD, 1966; CEDAW, of 1979] and must be therefore changed immediately. A PM and Cabinet elected from a party with just 31.1% votes in exclusionary FPTP; wherein 69% citizens voted for others, cannot command the constitutional and moral authority of the whole people & country. More or less it is the 'electoral fact' about the state governments elected by minority of votes casted by the electorate, due to FPTP with simple plurality vote, that most discriminatly enables an MLA [or MP] to get elected even by a margin of Bahujan Vision Bulletin

single vote, and makes the second/third candidates receiving thousands/lakhs of votes non-representative in one stroke. Citizens do not give thousands/lakhs of votes to the other candidates to make them sit out of legislatures, but want them represent their 'views & interests' who are however excluded in FPTP with SPV even by a single vote. We therefore require a 'mixed electoral system' of PR & FPTP for a 'wider & fair representation' of majority of citizens. Legislators who are not the true representatives of People due to FPTP & SPV, and the use of money & media power, cannot be expected to legislate and formulate policies for the realization of rights of people. Those who are excluded cannot expect to get 'justice'. The 'electoral system & methods' of India are at the root of non-realization of Constitutional, Fundamental and Human Rights of SCs, STs [and other discriminated communities]; and shall continue to be so inspite of political reservation U/A 330, 332 to them. These 'unfree & unfair elections' must be changed to a 'free & fair elections' as suggested above.

(8) Caste Capitalism, and Ambedkarite Economics for 'Equity, Justice, Dignity & Development with Growth'.

As enumerated in 3.(viii) after the liberalization of economy or economic reforms brought about in 1991, the erstwhile 'caste economy' of the trio of socalled landlords, village baniyas & temple 25

priests has been transformed neither in capitalism, nor in socialism, but that of ''caste capitalism'' with the 'factors of production' [i.e. land, labour, capital, entrepreneurship, technology & human capital] and 'factors of distribution' [i.e. state, market, and community/ civil society] being usurped and mostly controlled by a few 5% of people from erstwhile traivarnika castes/ communities. This has converted already existing 'caste based socio-economic' inequalities into unbridgeable disparities. A number of Reports like the HDI of 2011 of Planning Commission,; NSSO; Census of India 2011, SocioEconomic Caste Census 2011 [preliminary details of rural house holds]; NCSC; NCST; NCBC; NHRC; Sachhar Committee; Kundu Committee; Renake Commission; HDI, UNDP; WB Reports of 2006 and thereafter; Credit Sussie, and scholars like Amratya Sen & Jean Dreeze, Anjali Kurane, Thomas Piketty, Sukhdeo Thorat, this Petitioner etc. have all sufficiently established this fact now. Let us be fiar in acknowledging this malady and order of injustice & inhumanity responsible for the disparity, deprivation and backwardness of fellow countrymen.

Justice Shah STF appointed under guidelines by Hon'ble Supreme Court is expected to unearth the sources and places of 'illicit economy' [not black money as this is a racist term]. Enough data of 'unaccounted, illicit financial & non-financial July - Dec. 2016

assetsts' is available with CBDT, ED, CBI and other revenue intelligence wings; both at home & abroad.

Therefore : (i) All figures of such money and assets [financial/nonfinancial] in all forms & sources be made public. (ii) The 'illicit, unaccounted financial & non financial assets' be unearthed be confiscated or taxed above 70% and brought in national economy.

The accussed be subjected to trials.

The money so recovered be taxed progressively and be spend for 'Equality & Welfare Budgeting' for achieving 'overall socio-economic emancipation & development' of SCs/STs [DNTs and Other Deprived Communities of India]' for realization of Equality Art. 14-19, Dignified Life (Art. 21), and Art. 46, 244, 244A, 275(1), 164(1) etc.

Not mere allocation of 3% of total expenditure as made now; but 20-25% of the Budget so enhanced due to enormous revenue received by the aforesaid means will have to be invested for rooting out the problem of caste & untouchability. Unless a radical emancipation & welfare of SCs/STs in the field of Education, Employment, Entrepreneurship, Endowments, Land, Health, Housing and Social Security is realized; nothing else is Bahujan Vision Bulletin

going to work to realize their Fundamental Rights and Human Rights and give them a dignified life at par with others Indians. This is the "positive duty" of state for rendering Social Justice. We have already 'Petitioned' the GOI, MOF vide Ref. No./API/ Address/1 Dt. 1.1.2015 on "Peoples Budget 2015-16." (See Anx. VII) Nothing less than the 'socio-economic reorganizing' of Indian Economy on the Ambedkarite Principles of 'Growth with Equity, Justice, Dignity & Development' of All is going to create a society based on Equality + Liberty + Fraternity + Justice + Humanism as enshrined by our Great Constitution. The States can model their economy on the basis of "growth [labour & capital intensive], equity, dignity and development of All," and take into account all the above in SDGs. (9) NCSC, NCST be empowered U/A 338, 338A with wider powers of 'civil court' as suggested by these constitutional commissions themselves in their various reports. Powers of injunctions; to impose fines/penalties like that assigned to the quasijudicial authorities/tribunals; decrees and orders of a civil court; and budgeting under a separate head in the Union Budget [and State Budgets for State SC/ST Commissions] be made. They must be specifically empowered under the suggested enactment : Anti-Caste Discrimination and Affirmative Action Act; 26

POHRA 1993; Reservation Act and SCSP and TSP Act for the enforcement of rights of SCs/ STs. An appeal against their orders shall lie only with High Courts.

The necessary empowering of NCSC, NCST be made by suitable legislative & institutional measures.

(10) Other Measures : (i) The Indian Judicial System must be reformed with the appointment of Judges required (around 35,000) in District and Subordinate Courts.

Appointments of Judges in all High Court be made. The number of Judges of Supreme Court be increased upto 50, and 5-6 benches of it be constituted in different places of country as suggested above in 5.(2) (b).

Reservation of SCs, STs [& OBCs] be made under All India Judicial Services U/A 312 (3), with a fair representation in Higher Judiciary. Only then the pendency of over 3 crore cases be disposed of which is a major denial of justice.

Even the CJI Justice Thakur had to speak about this unconventionally on 15th August publically, shows a high time to make a 'Law Abiding and Just Indian Society,' by undertaking necessary judicial reforms. A society and July - Dec. 2016

(ii)

country cannot live in peace and advance with progress by entangling and denying justice to a quarter of its populace.

Tribal Languages and Pali, Prakrit be declared as 'Classical Languages' after due research & reports and incorporated in VIII Schedule of Constitution; for they represent the great "Sharaman Culture" of Indus Valley Nag-Asur Civilization, Narmada Valley and Vidarbha Plateau Civilization since 8,000 BCE or 10,000 yrs ago, and aspire to create equality & humanity in society; unlike the 'vedicbrahmanic culture' which created, maintains and reinforces graded inequality of castes [and varnas], and the disease of untouchability due to the sanction of shastras, and the institution of Hindu social order. At present the Linguistic Policy of the GOI is highly discriminatory and violative of Articles 14, 29 and 30. No specific enactment and policy is in place to give force to Articles 350A, 350B. It is an agony that Sanskrit not spoken even by 1500 persons in 2001 Census finds its place in 8 th Schedule, whereas Pali, Prakrit do not. Migratory languages like Sindhi, Nepali spoken by lesser people are in the Schedule but indigenous Bhil, Gondi, Mundari,

Bahujan Vision Bulletin

Kolami, Tulu not. This is nothing but a discrimination based on ethnicity & culture; race, descent and place of birth, which is a violation of Article 15 and ICESCR, 1966; ICERD, 1966 and UN Declaration of Rights of Indigenous People, 2007, to which India is a signatory. The same must be rectified and redressed by conducting a proper census/survey of all Indian Languages [as only 100 other languages and 22 scheduled languages have been surveyed; the rest left out without any reasonable rationale]; publishing its Linguistic Study and policy of development, without favour and bias to Dravidian Family and Tibeto Burmese Family of languages, at the cost of Indo-European family.

Linguist Survey conducted by G. Devey of all Indian languages be considered for 'official studies', with further specific researches, along with that of Grierson. Your State may refer to The Census of India 2001 on this linguistic statastics and redress to eliminate this discrimination. (See Anx. VIIA, for a ready reference) (a) Archeological cities of Buddhist and Sharaman culture be excavated, protected and developed. Cultural and 27

E d u c a t i o n a l Development of Buddhism, Tribal Faiths, Jainism etc. shall be undertaken. (b) Communications by States to Organizations, Political Parties, NGO etc. corresponding from other States for RTI, Petitions etc. must be made only in English or Hindi, and not their regional languages as per the provisions of Articles 346, 348, 350 of The Constitution.

This shall enable organizations or People representing SCs/STs [and the people] to serve the 'public purpose' effectively. Linguistic chauvinism must not come in way of the public service. It has been our observation while making RTIs that public authorities of States like Punjab, Gujarat, Odisha, Andhra Pradesh etc. at times resort to this linguistic barriers & tactics, to avoid the cause by replying in their regional language.

State Governments must issue specific 'notification' and government orders to all its authorities in this regard. (iii) The Anti-Conversion Laws in place in seven states be repealed/ amended suitably for guaranteeing and realizing freedom of conscience and free profession, practice and July - Dec. 2016

propagation of religion as provided in Art. 25.

No enactment to give effect to Art. 48 of the Directive Principles be so enacted that it contravenes and abridges the Fundamental Rights under Part III and Human Rights obligations. If the state enacts for the prevention and development of cattles, let it take the complete responsibility of it, without relying on traditional occupation keepers, which leads to their harrasment, victimsation and economic exploitation by the non-state actors viz cow protectionists.

As such they be suitably amended or repealed by the respective states.

Immediate Action within the ambit of constitution must be taken up immediately. (iv) Let the role of Ministry of Social Justice and Empowerment and Ministry of Tribal Affairs be made amply clear as 'Nodal Ministries' for the SCs and STs respectively. The powers conferred upon NCSC and NCST U/A 338(5) (a) (c) (e) (f) be exercised before enacting any legislation & rules; and policies for the SCs/STs. The role of NITI Ayog be also made clear.

Let these Ministries, Commissions and Ayog have a detailed 'Central Data Base' Bahujan Vision Bulletin

of the various 'socio-economic indicators' - pertaining to demography, gender; education; employment & unemployment; endowments; health & disability, nutrition; housing and domestic articles; land, livestocks; ownership of financial & non financial assets, companies, enterprises & establishments; bank accounts, loans & liabilities; atrocities & crimes; SCSP, TSP and other allocations of Union States & UTS, amount spend etc. for SCs/STs; [and other groups like OBCs, Minorities etc.], which must be public for all people and policy makers.

Decadal Census and other Periodical Surveys must be published as early as possible [within 1-2 years] by the Governments, for a delayed data, makes it irrelevant.

Amendments to specific legislations be made for all the above to fix the responsibilities of 'public servants', with punishments of proportionate fine and improsenment. Let every scheme & policy being framed and implemented, be evaluated in term of "outcomes" annually. Let their be 'Equality Plans' [and Gender Plans], codes, regulatory mechanisms be measured in terms of their outcomes in various sectors enumerated in Equality Attainment Index (EAI). This is absolutely necessary as the different Ministries/ Departments have a different 'data', insufficient for planning. These Ministries/ Commission/Ayog do not pocesses the 'complete & diverse data' and in absence of which the planning/policies 28

and their outcomes become erroneous and ineffective. No Data, No Planning ! No Data, No Evaluation !! is the present norm. It must be dispensed of.

The States must endeavour to enumerate every such 'data' at state level, with the integration of the same at national level.

The same be made public.

The SECC-2011 data be declared immediately, and data for OBCs and others be segregated for arriving at a correct picture of discrimination, deprivation, exclusion and backwardness amongst them, others, and SCs/STs. We have already Petitioned the GOI upon this vide Ref. No./CRAD/SEC 2011/Release/1, Dt. 10.7.2015 (See Anx. VIII). But the same remains unpublished.

Covering up the 'socioeconomic inequalities', rather than acknowledging and making it as the basis of 'equality planning' is still a distant thought. It has to change now for better.

Let the Political Parties, NGOs and other Civil Society Organizations be involved in the planning, monitoring & evaluation process, if they so desire for the welfare, wellbeing & emancipation of SCs, STs [and others]. API shall be ever ready to work for the same.

Formulation of 'planning & policies' at the State level must involve the above. If the SECC-2011 'data' for state is available at your level, as it was basically coordinated by the States with GOI; it be made public and be considered for policy July - Dec. 2016

formulation. (v) Measures be taken in an 'organized manner' to promote the ethos of Fundamental Duties as enjoined upon every citizen [and their associations public or private] in Art. 51A. Only a 'National Culture and Ethos' 'Codes of Practices' based on the 'Preamble' of our Great Constitution and 'Fundamental Duties' [along with Fundamental Rights, Directive Principles and UDHR 1948] can be true nationalism and humanism.

Only constitutionalism can cultivate such an enlightened nationalism & nationhood of 'We The People' as enlightened upon by Father of Indian Constitution - Dr. B. R. Ambedkar on 25th November 1949 in his concluding address to the nation from Constituent Assembly. Nothing less than "annihilation of caste" and creation of a "democratic, egalitarian, humane & enlightened society" can make India great [and a great respectable power] in the "era of human rights", "globalization and 2 nd industrial & scientific revolution" in 21st century.

Let us Honour this Great Humanbeing, Philosopher of the world by commemorating His Historical Work for India and World by Declaring 14th April as "Dr. Babasaheb Ambedkar International Day of Enlightenment and Humanism" by UN. We have already written to the PMO vide a communication Dated 22.7.2015. It may be kindly Bahujan Vision Bulletin

referred to, and India must move a Resolution to this effect in the forthcoming General Assembly Session of UN. We have also communicated about this to UN Secretary General vide Ref. of No./API/125 th -BAC Dr.BRA/14 April/Countries, States/1, Dt. 22.7.2015 and received an acknowledgment of the same from Benilda Salvadar, Personal Assistant to the Under-Secretary General Department for General Assembly and Conference Management, UN on 12 August 2015 01:04:28 IST. We have asked the GOI to look into the matter. States positive response in this regard is most welcome! (vi) Any other legislation, policy, institutional mechanism other measures; positive actions & codes of practice to abolish discrimination and promote equality & justice by the 'State' and 'All Persons' to realize the "positive rights" of SCs/STs by "positive remedies" be taken and make public, for the benefit of other states or union as a whole.

It is very responsibly said; that irrespective of the Parliamentary Debates in Loksabha (on 11th August) and earlier in Rajyasabha in the Monsoon Session of Parliament, which witnessed the PMs "conspicuous absence" in the Debates, and Governments "official commitments" on the Crimes/ Atrocities on Dalits & Adivasis on the floor of Parliament.

Irrespective of the public utterances by PM in New 29

Delhi and Telangana; the address of Hon'ble President of India on eve of 15th August, nothing "constructive and concrete" has been done to address the 'problem' of 'caste discrimination & untouchability' as mandated

by The Constitution [and HRs]. The 'Indian State' [and All Persons] by acts, and ommission remains noncommital to abolish 'caste discrimination', 'promote equality' and realize the FRs & HRs of SCs/STs [DNTs, OBCs, Minorities, Women etc.]. This Petition is therefore to bind them under the duties and obligations, and promote the rights & freedom of these people.

It is a wise adage. "That A Single Action Speaks More Than Thousand Words !"

Hope the CM [and the Institutions & Authorities under the State] understands this with a conscience and constitutional morality, and Act on the above 5(1) - (10) "Positive Rights" of the SCs/ STs. We have also Petitioned the PM on this matter vide Ref. No./API/CRAD/SC/ST (POA), FRs & HRs/1 Dated 15th August 2016CE, as stated above in pt. 2. and doing the same to the State Government.

Appeal for Action 6.

We herewith 'Petition' the "Indian State" - State Government [GOI, and other Institutions] under The Constitution of India and Human Rights therein for the realization of Fundamental Rights [Part III] and Other Provisions [Part XVI, X, IV] as July - Dec. 2016

guaranteed, and provided by The Constitution for SCs, STs. We call upon the State Government to perform its "positive duties" as enjoined upon it by The Constitution and Human Rights therein for the "positive rights" of SCs, STs. The State Government [and GOI , and other Constitutional or Legally created Institutions] is called upon to take up pt. 5. (1) to (10) as Petitioned in the 'Charter of Rights and Duties' and Act earnestly with urgency for guaranteeing and realizing the Fundamental Rights and Human Rights of 30.566 cr SCs, STs, People - our fellow countrymen, which it is under obligations to do as "positive duties."

Kindly Acknowledge this Petition U/A 19 (1) (a) (c) and ICCPR, 1966 and inform about the 'Action Taken' within three weeks of the receipt of this Petition, failing which we shall proceed ahead under Constitutional Remedies (Articles 32,226) and other Remedies available under UNGA Human Rights instruments, under ICCPR, 1966; ICESCR, 1966 [and Optional Protocols therein]; ICERD, 1966; CEDAW, 1979; UDHR, 1948 and such other covenants, conventions and optional protocols of "international human rights law", that 'Indian State' is obliged under treaty obligations. (a) We reserve our Constitutional Right to amend this 'Petition' and/or submit supplementary 'Petition'. We also reserve our "right" to authorize office bearers of API and other such persons to 'Petition', 'Negotiate', 'Represent', file 'Writ Petitions' in Constitutional Courts U/ A 226, 32, or suits in Human Rights Courts. We also reserve our right to authorize any of the above to take up the matter under UN Human Rights treaty obligations.

We also reserve our "right" to monitor, followup the actions taken by the State [GOI] and Authorities & Instutions on permanent basis, till the "effective realization" of the same.

7.

API shall be conducting 'Nationwide Janadolan' on 7th [and 9th] September by adopting 'Constitutional Methods' in 'Democratic Manner' for asserting the 'rights' of SCs/STs, make the Governments [and other Institutions] realize their 'duties' and develop the 'public conscience' of the People of India for becoming a society which is just & lawful and upholds the Rule of Law and Human Rights.

With Regards !

In Service of Nation, Encl. : Candidly Your's Anx. I - VIII, Tables & Charters therein.

Sd/Vijay Deorao Mankar, National President, API Copy To (i) PM of India (ii) Hon'ble Governor (iii) NCSC & SCSC (iv) NCST & SCST (v) NHRC & SHRC (vi) SC/ST Parliamentary Committee and SC/ST Legislative Committee (vii) Chairpersons of Legislative Assembly and Legislative Council (viii) MPs, MLA's of SCs/STs (ix) Dy. Chairman NITI Ayog (x) State Election Commission & ECI (xi) UN Resident Coordinator, India - For necessary Action at his end as, obligation under UNGA Human Rights International Law.

Sd/Vijay Deorao Mankar, National President, API

Note : This CRAD has been send to All States/UTs except J&K, Arunachal Pradesh, Nagaland, Lakshadweep. A similar CRAD is also send to PM with Ref. 1, Dt. 15.8.2015CE. Bahujan Vision Bulletin

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Only by Adopting Ambedkarism, the Movement of Emancipation of Indigenous Bahujans and Women can be Successful.

Discourse of Ambedkarism Bargad( Orissa) on 15th April 2008, Dr. AmbedkarMahatma Fule Jayanti ( Birth Anniversary) National Convention. This is the first National Convention, which was held after formation of National Plan [NPTSIA] and AIMBSCS on 14th April 2007.

Friends, This is the first time in India, we are celebrating Dr. Ambedkar and Mahatma Fule Jayanti, Jointly, at the national level.

After the Mahaparinirvan of Dr. Ambedkar in 1956, this is the first time in the history of India, AIMBSCS has thought about organizing this National Convention based on the conceptual plan. In the hindsight, there is a great thinking and deep contemplation behind it.

At the same time, this national program is an experiment also. For the success of this experiment, many more experiments have been carried over the last two to three months. To make this movement, celebrating Jayanti is a medium. This movement has been greatest humanist movement of the world, caused by adharmashastras ( nonreligious scriptures) in this country. Brahmins term them dharmashastras but I call them adharmashastra.

(Applause) Therefore, people Bahujan Vision Bulletin

who think Bahujan movement can succeed by associating bramhins, they are exhibiting unparalleled stupidity in this world. Like there are people with great learning, in the same way there are people with great stupidity. The brahmins and bramhnism is a worst, animalistic ideology.

Nature is yet to produce an animal which is worst than a brahmin.

We have announced programs for brahmins in our National Plan. If brahmins want to connect with Humanism and Ambedkarism, then they need to accomplish three tasks.

First, I will talk on this subject, 31

- Vijay Mankar

then I will speak on Jayanti in detail. (Laughter) Until now, programs were dictated by the brahmins; and we implemented them. For example, if you perform satyanarayan pooja then you get salvation. All the Maoist, Socialist and Naxlites leaders are brahmins. Nowadays Bahujans leaders are also bramhins. Bramhins can not be our leaders. People who think that they have read Ambedkar, I know that they have not read it. Because out of 21 volumes written by Dr Babasaheb Ambedkar, 18 volumes are in English completely; and people from U P and Bihar are afraid of English (laughter). Leave July - Dec. 2016

Jharkhand, even Maharashtrians know little English.

Even then, we can accept them provided they do three things: 1) If any brahmin wants to join Bahujan movement, he must remove his ‘aerial-antenna’ [sacred thread and weaved headhair]. (applause). 2) They must stop becoming a priest. Not only this, they must stop preaching and propagating vedas and adharmashastras, which are inhuman and based on wrong notions. 3) Those brahmins who want to join Bahujan movement, they must nationalize the wealth in the temples, which is 20 lakh crore, while budget of government of India is 10 lakh crore; and utilize this wealth for the education and employment of Dalit, Adivasi and OBC. (Great applause).

If they do not do this, you must read the history of Pushyamitra Shung and Brihdrath Maurya. The history will be repeated. Brahmanism is not our goal. People say bramhastra (greatest weapon described in mythology) is the greatest of all weapons. In the Ramayana and Mahabharata, bramhastra is considered as deadliest weapon. But bramhastra is not the greatest weapon, bramhastra can be destroyed by Bhimastra (referring to Ambedkarism as a weapon). ( Big applause) Hence, Ambedkarism is our aim because Dr. Ambedkar eradicated 3600 years long slavery in just 36 years. Just within 36 years, he destroyed Bahujan Vision Bulletin

bramhnical system. Our ‘path’ is not barrel and bullets, but of ideology.

Slavery in Russia, Europe and China was economic, but slavery in India was social, psychological, educational, legal, cultural and religious. The OBC of today was Shudra in the past.

Whenever there is a talk about reservation to Shudras, bramhins resent it. In accordance with constitutional provisions given by Dr. Ambedkar, four days back, the Supreme Court granted reservation to the OBCs. This is the victory of Dr. Ambedkar’s constitution (clapings), though the supreme court order comes with a rider of creamy layer in the reservation.

On May 2007, I have launched a mass awareness movement among OBCS and said that there is a conspiracy to make constitution irrelevant, but we will not allow this to happen. The people who think that the constitution can be killed, I must say, even if Gita gives birth to Krishna, the constitution cannot be finished, because national as well as International law is in favor of the constitution. After the Supreme Court judgement on 10th April, the internet was flooded with the messages, one message was from bramhins, that message wasnow for us, India is not the place to live. Because it is written in the Manusmriti that if the king of the country is Shudra then bramhins should 32

not live in that country. The Dr. Ambedkar’s constitution has given us two important rights. Reservation and right to vote. With reservation, we can become Chief Secretary Cabinet Secretary; and with vote, we can become Prime Minister. They said that bramhins should form an association and all bramhins should leave for America.

(Laughter) We welcome that, they should leave for America as early as possible. If America denies the permission to live in America, then they can do one thing. It is written in Vedas, in 10 th Mandal of Purushottak brahman that bramhins are born from the mouth of the bramha. I do not know if America would give them permission to live or not, but we must send them back to the place from where they are born.(Applause) In Volume no 9, ‘What Gandhi and Congress Have Done To The Untouchables’, Dr. Ambedkar had written that In independent India, we must aim to destroy bramhnism not only as a philosophy but as an entire social system. If we do not do this, if we do not adopt Ambedkarism our very existence is at stake. If you do not accept Ambedkarism, then at least do not accept nonsensicalism.

Some Bahujan people say that political power is the Master key. Dr. Ambedkar never said this. On 25th April 1948, In the conference of the Scheduled Caste Federation at Lucknow, He had said that political July - Dec. 2016

power is the key for all round social progress. A key; and not a master key which can open all locks. When people call it a master key, then it is incomprehensible why it fails to open the ‘ lock.’ Is the key rusted or lock has been changed? (laughter) While being a Chief Minister you cannot sustain your case in the court, forced to take help from bramhins; and to save yourself you need to take recourse of Dr. Ambedkar’s constitution and the law. Then of what use is your master key? Today Bahujan society is indeed a victim of ‘Lota Yug’.

Because Ideology, Aim, Principles, Planning and Programmes are not decided both Dalit movement and Bahujan movement are victims of Lota Yug” [an era of baseless oppressed majority].

Dalit Movement was active till 1978. After 1978, it was Bahujan Movement But in my opinion Dalit movement and Bahujan movement, both require Ambedkarism. The basis (foundation) of Dalit Movement and Bahujan Movement has to be Ambedkarism.

I want to ask you one question? Even if having big stalwarts like Gandhi, Nehru, Jinna, Kunzaru, Rajgopalachari, still Dr. Ambedkar alone could demolish 3600 years old social, religious and bramhnic culture just in 36 years. Dr. Ambedkar had said that Nehru is 4 th class student Bahujan Vision Bulletin

before me. When you think of bestowing a degree to Gandhi and Nehru you feel they are not even KG pass.

One friend of ours visited Colombia university in America. There is one statue of Dr. Babasaheb Ambedkar, but no statue of Gandhi and Nehru; so he asked the Head of Department. Whose statue is this?. In response, he asked, to which country you belong.

My friend said I am from India. Then he said show me your passport. The person who does not know Ambedkar cannot be an Indian. (Applause) What Dr. Ambedkar has achieved through a constitution, no one else has been able to do that.

There was a scholar, student from here. This friend went to London and saw portrait of Dr. Ambedkar in the central hall of the India Office Library. Dr. Ambedkar had read 16000 books in just 1000 days here. He again asked the chief librarian why there are no portraits of prominent leaders of our country like Gandhi and Nehru. Librarian answered that maybe, you are not well or your mind is not well. (laughter) If anyone in this world has worked for humanism, it is Dr. Ambedkar.Gandhi and Nehru have no contribution to humanity. Dr. Ambedkar’s humanistic ideology is a global ideology. Why belittle Babasahab? Earlier people used to say the slogan JaiBhim. Victory to’ Bhim”! will echo in all corners of 33

Nagpur. Some used to say it will echo in all corners of Maharashtra. While some others said it will echo in all corners of the country. But we have declared that the slogan of JaiBhim shall echo in all corners of the world. Some BAMCEF members approached me and said you haven’t left any space for us, when the slogan was confined to the country only we had some space.

I think that ideology of humanism is universal. It should not be confined to country and to the province.

Dalit movement was active after 6th Dec 1956, now Sangh will take review on 14 April.

There will be a big review on 14 th April 2012. Millions of people will be there. I cannot tell where will we celebrate Dr. Ambedkar Jayanti [Birth Aniversary] on 14th April 2012.

I cannot tell you now whether it will be in Orissa, Chattisgarh, Tamilnadu, or Maharashtra? But wherever it will be, it will be celebrated with millions of people. The movement in which ideology, principles, goals and planning are not decided that movement can not become successful. An ‘era of sycophancy’ began with Poona Pact in 1932. You have just heard the song about’ sycophancy era’. I specially thank Mr. Dange and his colleagues. They have composed these songs after hard work of three months.

They travelled long distance to reach here. Though living in a difficult condition, they July - Dec. 2016

haven’t lost melody in their voice. Sound system develops snag but, singers’ voices remained flaw-less. (clappings) After 6th Dec 1956, new era has begun, which we term as” Lota Yug’ [ era of baseless bahujans; of shaky ideology and uncertain convictions ].

(Laughter) One song has yet to be composed on this subject.

Because Ideology, aim, planning and programmes are not clearly decided. The Dalit movement and Bahujan movement both are victims of ‘Lota Yug’, and could not liberate the Bahujan, original inhabitant people.

I want People with conviction who stay with the Movement, not people who are just visible and pay lip service.

That is why on 14 th April 2007, we prepared and announced the National Plan.

I want to build the movement. So I shall talk less.Let people from Orissa, Tamilnadu and Maharashtra speak. I want to tell you one thing. Here thousands of people are listening me. I have given 15 minute message to millions of people. The whole world is watching. (Applause) You can visit our website and watch. We have developed the Bhimastra (the weapon of Ambedkarism to solve the problems of the world).

(Applause) Clapping was slow!

(Great Applause) By completing eight activities through, caderization on the basis of National Plan, buy 2036, when we shall be Bahujan Vision Bulletin

completing 100 years since the declaration of , "annihilation of caste", then Ambedkarism will be successful. I do not want people who associate for face value, but I want people who stay with the ideology.

Yes, Mr. Bhasmeji, you are stable with us or not (laughter).

If a train moves without a green signal, then it is bound to meet with an accident. You cannot catch the speed of Rajdhani express if you attach the Shatabdi express with 1857 steam engine. (Laughter) Thus Ambedkarism needs to be ‘driving force’ and the ‘guiding force’ for the movement.

If Dalit movement and Bahujans are not based on Ambedkarism then the Movements can never be successful.

There is a superior purpose behind the celebrations of Dr. Ambedkar’s birthday. People in this country wear black cap and half pant. They should be ashamed, They have been wearing half pants in 1925 while a youngster starts wearing full pant (trouser) after the age of 20 -22. They claimed that they will make Bharat a nation. India is not a nation, though it is a certainly a country. You cannot derive nationalism through Hinduism. There is a living proof. The north Indian Hindus were beaten by MNS Hindus of Maharashtra, as Hinduism has nothing to do with nationalism. If Bharat is to be a nation, it is possible 34

only through Ambedkarism.

(Claps) Ambedkarism will succeed in 30 years. (Thunder Claps) Dr. Ambedkar's Birth Anniversary is to be made biggest event.

Not Janmastami, not Ramnavmi, the greatest event of India will be Dr. Ambedkar’s Birth Anniversary. I challenged at this moment, no one dare stop this. There will be millions of people during Dr. Ambedkar’s Birth Anniversary Celebrations in 2009. I do not know where the anniversary will be held, if people of Orissa want, it can be held here again. We will have millions of people. I would like to give an example of Maharashtra. A huge number of people have come here from Maharashtra, there is a big responsibility on their shoulders until the people of other states comprehend it. In Maharashtra alone over 50 crore rupee is spent in villages and towns in connection with Dr. Ambedkar”s Birth Anniversary. Even then we have not been able to design a good model. Why isn’t the movement of Dr. Ambedkar making any progress? Hence, Dr. Babasaheb Ambedkars’ Birth Anniversary shall be converted into the super generator like a super computer based on which we shall build an ideology of the country and the world. In fact, this ideology will provide a foundation for the entire world.

By establishing the concept of nationalism, Dr July - Dec. 2016

Ambedkar’s Birth Anniversary shall be the biggest event and shall be the super generator. So we have goals, how to celebrate 14 th April 2012.

To ensure Ambedkarism succeeds, we must accomplish five goals.

1.

To convert the principles of equality, liberty and fraternity into a reality we must realize constitutional rights and constitutional guarantee.

2.

Formation of an ideal society by annihilation of caste. To make ideal society on the basis of equality, liberty, fraternity and justice.

3.

The third goal is to abolish caste economy and class economy and to establish economic democracy.

4.

To make indigenous Bahujan Samaj a governing class for the sake of Humanism.

5.

To make Buddhist India, To create PraBuddha Bharat, that is enlightened India.

Out of 603 districts, we need to cover 420 districts. We need to prepare 10,000 Organizers and five lakh caders. Dr. Ambedkar Jayanti is not an event to be celebrated just for a day and sit quietly for the rest of the year. When I

came here on 16th and 17th of March, OBC friends met me and said Dr. Ambedkar has done a lot for the OBC. Dr. Ambedkar is the Father of the OBCs !

I would especially like to thank OBCs, because their attendance is large in number.

DR. Ambedkar is the father of the OBC. (Applause) The child who does not listen to his father, his future outcome is not good. Before 21st February 1948, there was no OBC in this country. Only Shudras were there. After 21 st Feb 1948, when Dr. Babasaheb Ambedkar’s Drafting Committee tabled the draft constitution, then in Article 16(4),’ Backward class of citizen’ word was introduced.

Had Dr. Ambedkar not done this, OBC wouldn’t have been in existence today. That is why Dr. Ambedkar is the father of the OBC. I especially want to thank Orissa people because I have special relations with Orissa. I am obsessed about Ganda Baja. First time I have heard it in Navarangpur. It is necessary to play Ganda Baja [a drum like instrument exclusively played by untouchable communities in Orissa for religious and marriage ceremony]. Ganda Baja will be definitely be played for AIMBSCS and

Dhol of Jgganath Puri will be stopped. (Applause) Let Ganda Baja be the Dhamma recital at DikshaBhumi. (Applause) This is the land of Kaling and Kaushal. This is the land of Odantpuri, Khandagiri, Dhavalagiri, Shirpur.

People from Orissa must take a pledge to convert land of Kaushal and Kalinga into ‘Land of Ambedkarism’ and India into PraBuddha Rashtra, that is an enlightened nation in coming years.

Indigenous people should not forget the history of Shirpur, history of Sipramata and Satnami of Chattisgarh. While returning back to Nagpur from Bargarh I shall be passing through Chattisgarh but I shall visit Chattisgarh very soon.

I have lots of hopes from Orissa. Because I want to make the Orissa the torch bearer. I want Orissa to lead in Ambedkarism. If they don’t, Maharashtra would lead till then. On behalf of Karyanvan Sangh I especially thank my friends from Orissa and Bargarh. Because they have organized the first national program for celebrating the Birth Anniversary of Dr. Ambedkar and Mahatma Phooley jointly.

Now you all will be ready to make this Moment a success.

Jai Bhim! Jai Phooley !!

Jai PrabBuddha Barat!!!

The Select Speeches of Dhi. Mankar Sir are translated by Dhi. Sharmila Bhagirath, Organizer, AIMBSCS, UP.

Bahujan Vision Bulletin

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National Training To Succeed InAmbedkarism 8 Days Foundation Course 22nd to 29th October 2016CE 1.

Only such cadres who have worked for atleast 4 months or more after 1/2 days C.C. and are Graduates can be recommended. Ho$db CÝhr H°$S>a H$mo

Amn ^oOZo H$m àñVmd Xo {OÝhmoZo 1/2 H°$S>a H°$ån H$aZo Ho$ níMmV H$_go H$_ 4 _{hZmo VH$ H$m`© {H$`m hmo Am¡a do J«°Á`wEQ> hmo.

2.

3.

4.

5.

They must have faith in "Ambedkarism" and agree to work under NPTSIA [DAPIS2N] and AIMBSCS.

CÝh| ""Am§~oS>H$arO_'' _| gånyU© {dídmg hmo Ed§ do NPTSIA [DAPIS2N] Ed§ Eå~g _| H$m`© H$aZo Ho$ {bE gh_V hmo.$ Honesty ! Discipline !! Loyality !!! - a necessary quality. àm_m{UH$Vm ! AZwemgZ !! {Zð>m !!! `h JwU CZ_| hmoZo Mm{hE..

Must pledge to work seriously every day as per responsibilities. {Oå_oXmar boH$a CÝhmoZo ha {Xdg H$m`© H$aZo H$s à{Vkm H$aZr hmoJr. Must read NPTSIA & AIMBSCS - An Introduction and 1000 Quotes of National Organizer, AIMBSCS, and Intelletual Biography of Dr. B. R. Ambedkar before Training. NPTSIA & AIMBSCS - EH$ n[aM` Am¡a Z°eZb Am°JZmB©Oa

Eå~g Ho$ 1000 H$WZ d S>m°. ~r. Ama. Am§~oS>H$a H$m "~m¡{ÕH$ OrdZ M[aÌ' `h Q´>oqZJ Ho$ nyd© n‹T>H$a AmZm A{Zdm`© h¡.

Organizers to discuss more regarding-elligibility, age groups integrity & morality before proceeding with registration, with Me.

[below & above certain ages etc.],

After that registration with Dhi. Balwant Meshram, Organiser Karyanvan Sangh, AIMBSCS.

Am°J©ZmBOg© Cnamoº$ 1-5 na Ü`mZ Xo Ed§ Am`w{g_m, Z¡{VH$Vm, {Zð>m, H$m`© H$aZo H$s V¡`mar AmXr na _wP go MMm© H$aZo na hr ~mX _| Yr. ~bd§V _olm_, AmJ©ZmB©Oa, H$m`m©ZdZ g§K, Eå~g Ho$ nmg a{OñQ´>oeZ H$ao.

Vijay Mankar National Organiser, AIMBSCS

ALL INDIA MULNIVASI BAHUJAN AIM BSCS

Bahujan Vision Bulletin

SAMAJ CENTRAL SANGH [AIMBSCS] 36

July - Dec. 2016