example and case study :

Indian Parliament debate on caste based politics :

Tite:   Further discussion on situation arising out of increasing atrocities against Scheduled Castes and Scheduled Tribes in the country raised by Shri Gopinath Munde on the 19th August, 2010.(Discussion concluded)

MR. CHAIRMAN: Now, the House will take up item no. 14 – “Further discussion on the situation arising out of increasing atrocities against the Scheduled Castes and the Scheduled Tribes in the country raised by Shri Gopinath Munde on the 19th August, 2010.”

THE MINISTER OF HOME AFFAIRS (SHRI P. CHIDAMBARAM):

Madam, I must concede that the statistics do not reflect any decline in the atrocities. On the contrary, the information compiled by the Crime Records Bureau shows that the number of cases registered of atrocities against the Scheduled Castes and the Scheduled Tribes is, in fact, on the rise. I have the numbers from 2006 to 2008, subsequent years are being compiled. Take for example the case of the Scheduled Castes. The number of cases of atrocities against the Scheduled Castes registered in 2006 was 26,665. That itself is an understatement. Many of the cases are simply not registered. In 2007, it was 29,825 and in 2008 it was 33,365. So, this clearly shows the rise in trend. I can make one or two deductions from this. Firstly that there is no let up in the atrocities committed on the Scheduled Castes. The other inference one can make is, perhaps, because of the pressure that is put on the State Governments by the Central Government, by public opinion and by NGOs, now the States are showing greater willingness to deal with the problem. Therefore, more cases are being registered. That is also a possible conclusion. Whichever is the right conclusion, it is not a matter of which we can be proud about. We cannot be happy about the fact that approximately 33,000 cases are being registered as atrocities against Scheduled Castes in one year. What makes it even more disturbing is that while so many cases are registered, the conviction rate hovers around 30 per cent. What makes it doubly painful is that there is rise in atrocities, but when you try to prosecute and convict, the conviction rate is only 30 per cent. It was 28 per cent, 31.4 per cent and 32 per cent. Acquittals are very high. Not only are acquittals very high; pend ency is about 80 per cent.  At any given time 80 per cent of the cases are pending. So, there is a serious problem in the manner in which we are dealing with these cases. After all, in our system, the Executive can only prosecute. The Executive can take preventive measures and if crimes are committed; if atrocities are committed, the Executive can only prosecute. It is the judiciary which has to punish. I am afraid that the disposal of the cases is low; the rate of conviction is low. Therefore, it is fair to conclude that the feeling amongst the Scheduled Castes and the Schedule Tribes that all these laws and all these statements, all these pronouncements have really not brought any relief to them.  That feeling is running high and I cannot but say that feeling is justified.

We must ask ourselves as to what can be done.  Look at the kind of crimes that are committed against these people! The crimes that are committed are the worst kind of crimes. They are murder, rape, kidnapping, abduction and arson. These are not petty crimes.  These are pre-meditated crimes.  Some of them may be opportunistic but most of them are pre-meditated crimes.  Among the worst crimes in the Indian Penal Code are murder, rape, arson, kidnapping and abduction. This shows how vulnerable the Scheduled Castes and how vulnerable the Scheduled Tribes are.

Madam, we all represent one State or another. So, please do not misunderstand me that I am pointing fingers at the States.  We all represent one State or another. If, in the course of my intervention, I would mention about some States, just remind me, and I will tell you about my State also. There is no difficulty about it.  In every State, the position is more or less the same.

Ultimately, we must recognise that police and public order are State subjects.  It is the same people who elect the Central Government and the State Governments.  We are all elected to represent the people in Parliament and to form the Central Government and the same people elect people like us to the State Legislature to form the State Government.  In their wisdom, the founding fathers said that let police and public order be subjects of the State Government. So, when these atrocities are committed, why does the State not show the willingness, the determination and the firmness of purpose to punish those who are committing these atrocities?

Some of us who are here were and can be in the State Legislatures in the future.  For example, Shri Munde, who started the debate, was in the State Legislature for many years. Some of them who are in the State Legislatures may move to Parliament.  We are not saying that we are not responsible.  All that I am pointing out is that ultimately, if the authority where the power resides – the State Government – does not take seriously the phenomenon of atrocities and crimes being committed on its own people, then that is a matter of shame. All of us representing one State or another must also, in a sense, share the responsibility that our States are not doing enough to punish those who commit atrocities.

Madam, on the 1st of April, 2010, my Ministry issued a very comprehensive advisory based on the recommendations of the National Commission and others.  The advisory set out in great detail as to how the State law enforcing machinery must be sensitised to deal with crimes and atrocities against the Scheduled Castes and Scheduled Tribes.  We emphasised that unless the law enforcing machinery involves the community, these atrocities and crimes cannot be prevented or punished.

I have no doubt in my mind that in every community, there are people belonging to the non-Scheduled Castes and non-Scheduled Tribes who are basically good human beings and who do not want these atrocities to be committed on SCs and STs. I cannot believe that every one who is a non-Scheduled Caste and non-Scheduled Tribe participate in or condone these atrocities. In every community, there are people who will, if they are brought into the system, stand by the law enforcing agency and ensure that these atrocities are not committed. In every village, there are such people.  In every town, there are such people and in every mohalla, there are such people.

The point is that the law enforcing machinery stands completely divorced from the community. It must involve the community in enforcing these laws.  It must involve the community in ensuring that these atrocities are not committed.

So, we have said that they must have a community monitoring system to check cases of violence, abuse and exploitation.  If a complaint is made, there must be no delay in registration of an FIR and that FIR must be investigated promptly. If there are areas where there is a long history of atrocities and crimes, special attention must be paid to those areas and policing must be made more effective in those areas.  If atrocities and crimes are committed, immediately the State must rush in and implement measures for the economic and social rehabilitation of victims of atrocities.

I had a case in one State – I shall not mention the name of the State – about two months ago.  Several Members of Parliament and their friends came and reported.  They said that the Scheduled Castes and the Scheduled Tribes have been driven out of the village and that they have moved 100 miles away and settled down in another place.  There was a sense of fear in a number of villages surrounding that village.  I deputed a team from here.  They went and met those villagers.  I am happy to inform you that many of them who had left the village were persuaded to return to the village and we have got assurances from other members of that village that they will not commit any atrocities on these people and they will be treated with dignity and respect.  But that is just one incident.  I am sure there are many other cases where no effort of such kind is made.  Such effort in my view must be made primarily by the State Government.

The State must ensure that everybody can live in his or her traditional habitation or place of residence with respect, with dignity.  Some of the measures that we have asked them to do is, the provisions of these two Acts must be enforced more vigorously; enforcement agencies should be instructed in unambiguous terms and must be sensitised to the rights of the weaker and vulnerable sections; the administration should play a more pro-active role in involving the community; and training must be imparted to police officers on these laws.

In fact, training has become a casualty.  We are now, once again, restoring the primary place for training.  Every officer must undergo training periodically.  But when they undergo training, it is usually for arms training; it is usually for training in forensic investigation; but not enough hours or enough classes are devoted to training police officers to sensitise them to these laws.  If you send a person for training for seven days; that is spent on giving them arms training and training on forensic investigations.  These are the more glamorous aspects of policing.  But the point is that they must devote enough hours, enough classes and enough lectures on this aspect too.  Enough real life cases must be placed before the officers who are imparted training through case history, case study, etc. and they must be sensitised to these laws. We have now said that all training must include training where they are sensitised to the laws concerning the Scheduled Castes and the Scheduled Tribes.

Then, when you register an FIR, it cannot be left to the whim and fancy of the officer who registers the case.  They must take the statement of the victim and the victim’s statement must be appropriately reflected in the FIR. The victim could be an unlettered person; so, the victim says something and the officer records something else.  The victim’s statement must be recorded and the Section that is attracted must reflect the victim’s statement, not what the police officer thinks is the minimal duty that he has to perform.

We have also recommended that we must use the media, print and electronic media, to create awareness of these laws.  I have already spoken about the community monitoring system.  We have said that they must also organise camps in sensitive areas for legal literacy and legal awareness among the sections of the people who are vulnerable.  While they sensitise the police officers and the community, they must also create legal awareness and legal literacy among the Scheduled Castes and the Scheduled Tribes so that they can stand up for their rights and go and register these cases.  We have recommended that NGOs working in the area must be associated.  NGOs are available there and virtually for everything, you can always find well-meaning and well-intentioned NGOs. These NGOs must be brought into the picture.  They must be involved with the community. They must be encouraged to work among the vulnerable sections.  We have said that the FIRs and the investigation of FIRs must be supervised at the appropriate level by senior officers.  There are senior officers who do not take any interest. I can give you examples from my own experience where if the SP takes an interest in matters of atrocities against the Scheduled Castes and Scheduled Tribes, you will see a sharp dip in the crime in that district, at least, as long as that person is an SP. Each one, I am sure, has got the same experience.… (Interruptions)

REAL FACTS :

WHEN INDIAN CONSTITUTION WAS WRITTEN  INDIA IS IN DIFFERENT STATE AND RESERVATION IS FOR  10 YEARS ONLY. BUT FOR VOTES THIS IS REGULARLY CHANGED BASED ON  RULING PARTY REQUIREMENTS.  THE CLASSIC EXAMPLE IS ANDHRA PRADESH  WHERE SC / ST ARE  SUB CATEGORIZED  BILLS IS PASSED BY GOVERNMENT OR SPEAKER RATHER THAN VOTING.  EVERY POLITICAL PARTY STARTED PATTING THEM SELF’S FOR THIS AND STARTED MARKETING WITH PEOPLE THAT THEY ACCOMPLISHED IT AS GOLD MEDAL RATHER THEN THINKING GROUND REALITIES. THIS IS FURTHER DIVIDING PEOPLE BASED ON CASTE AND RELIGION.

IN ALL CASTES AND RELIGIONS SO MANY FAMILIES ARE STRUGGLING  WITH LACK OF FINANCIAL STABILITY AND LACK OF SUPPORT  FROM GOVERNMENT . THIS IS GETTING BIASED BASED ON RELIGION AND CASTE.

THE TRUE RELIGION AND CASTE IS  ECONOMIC CONDITION OF EVERY HUMAN BEING OF SOCIETY . THIS SHOULD BE ADDRESSED PROPERLY.

PEOPLE IN  SOCIETY ARE MISUSING CASTE AND RELIGION LAW FOR MONITORY GAIN LIKE LANDS , MONEY , WEALTH (  LURING GIRLS FROM OTHER CASTES AND RELIGIONS AND DESTROYING LIFE’S IN THE NAME OF  LOVE ETC). THIS IS EFFECTING ALL CASTE SYSTEMS AND RELIGION SYSTEM BELIEFS  AND FURTHER DIVIDING COUNTRIES AND SOCIETIES.

IF IT CONTINUES FOR EVER INDIA WILL DIVIDE INTO PEACES BASED ON CASTE .  THIS ISSUES ARE  BURNING LIKE ANY THING IN ANDHRA  PRADESH AND TAMIL NADU AND ALL STATES OF INDIA.  PMK  LEADER RAM DOS RISING THIS ISSUE IN TAMIL NADU IN BIG WAY IS REALLY ALARMING .

THIS IS GETTING EXPLOITED LIKE ANY THING. FOR EXAMPLE PEOPLE IN INDIAN SOCIETY ARE ADDRESSED IN THE NAME OF RELIGION AND CASTE AND FAMILIES WHEN THEY TALK EACH OTHER . IF THIS IS CASE , THIS IS ALSO ABUSE OR ATROCITY . THE PEOPLE ARE GETTING DIVIDED BY POLITICAL LEADERS, RELIGION LEADERS , CASTE LEADERS ETC. PEOPLE SHOULD BE TREATED BASED ON ECONOMIC CONDITIONS AND RESERVATIONS SHOULD BE GIVEN BASED ON SKILLS AND NEED OF REQUIREMENT.

NOTE AND FACTS : THE BIGGEST ABUSE OF SC /ST ATROCITY LAW IS IN ANDHRA PRADESH . THIS IS GETTING MISUSED BY VARIOUS PEOPLE FOR MONITORY GAINS.

THE WORD MINORITY  IS GETTING MISUSED BY THE SYSTEM AND PEOPLE ON WHAT BASES ??  PEOPLE ARE ONE. 65 YEARS  BACK  WHAT IS POPULATION OF MINORITIES AND THERE IS NO DIVISION ON PEOPLE IN VILLAGES. NOW IT IS DIFFERENT.  THE LEADERS SHOULD BE BLAMED FOR THIS . THEY ARE EXPLOITING. 300 YEARS BACK THERE IS NO MINORITY WORD NOW AFTER INDEPENDENCE WHY THIS CAME.  THIS DIVIDED RULE WAS INTRODUCED BY WHOM. WHY INDIA DIVIDED .   THIS IS HAPPENING FOR  SUPERIORITY , POWER . CONTROL , SLAVERY  OF ONE RELIGION ON  OTHER RELIGION , ONE CASTE ON OTHER CASTE , ONE REGION ON OTHER REGION ETC .  BY DOING THE PEOPLE / SOCIETY ARE FORGETTING THAT THEY ARE  HUMAN BEINGS OR INDIANS .

IF BLOOD CELLS  OR EVERY BLOOD DROP IN  HUMAN LIFE OR ANIMAL LIFE CONTAINS THESE CASTES CELLS AND RELIGION CELLS THEN PEOPLE AND SOCIETY CAN FIGHT FOR POWER AND CONTROL AND DIFFERENT LAWS CAN BE MADE FOR SAFE GUARDING. DIFFERENT TEMPLES CAN BE BUILD OR RACES CAN BE CHANGED IN THE NAME OF RELIGION AND CASTE.

CASTE IS NOTHING GROUP  BASED ON LIVING SKILLS  AND GROWTH SKILLS BASED ON RESOURCES AVAILABLE / WATER / LIFE / CIVILIZATION.

RELIGIONS AND religious text, religious writing, sacred text, sacred writing  OR RULES AND REGULATIONS . THIS WAS CREATED BASED ON PEOPLES UNDER STANDING AND THE WAY THEY WILL UNDERSTAND TO SAFE GUARD LIFE ON EARTH.OTHER WISE ALL HUMAN BEINGS  WILL BE LIVING LIKE OLD AGE  CIVILIZATION PEOPLE LIKE ANIMALS AND CANNIBALS  , WITH OR WITH OUT RULES AND REGULATIONS , WITH OR WITH OUT CLOTHS , WITH OR WITH OUT RESPECT ON OTHERS  ETC.

THE BOTTOM LINE THE PEOPLE ARE CIVILIANS OR CIVILIZED PEOPLE NOT  MINORITY OR CASTE PEOPLE. EVERY HUMAN BEING BELIEF SHOULD BE RESPECTED BASED ON THEIR ANCIENT LINKS , LOVE  , EMPOWERMENT  ON  RELIGION SYSTEM MODEL OR BRAND AND ENLIGHTENMENT. PEOPLE SHOULD NOT BRIBED THROUGH RESERVATIONS , CONVERSIONS AND BY SELLING HAPPINESS AND SADNESS BY MONEY AND WEALTH.

UNDER  CONSTITUTION EVERY CITIZEN OF OUR  COUNTRY HAS RIGHT TO EXPRESS OR RIGHT TO LIVE WITH EQUAL RIGHTS . THE CONSTITUTION ITSELF IS GETTING VIOLATED BY SC / ST LAWS AND IT ACT LAWS.

INDIA IS ONE ,RELIGION IS ON WITH DIFFERENT PATHS , PEOPLE  ARE HUMAN BEINGS .

Hinduism

Christianity

Islamism

THE TRUE AND OPEN MESSAGE FOR ALL PEOPLE  – ALL RELIGIONS ARE ONE WITH DIFFERENT PATHS WITH SAME DESTINATION LIVE IN PEACE AND HELP EACH OTHER AS HUMAN BEINGS . THE CASTE LAW AND RACE LAWS ARE ALSO SAME.

LIKE LAWS OF PHYSICS , CHEMISTRY AND ECHO SYSTEM – SURVIVAL AND SELF SUFFICIENCY  / CREATION IS KEY FOR LIVING BEINGS.

IF ANY OF HUMAN LAW FAILS AND RULE FAILS – THEN DESTRUCTION IS PEACE.LOVE AND LIVING

THE LAST POINT FOR PEOPLE TO REACH  IS DESTRUCTION OF HUMAN RACE AND ALL  LIVING BEINGS.

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HOW FREE IS RELIGION – debate on Circumcision in Germany – Reference DE magzine

What do prince Charles,Jesus, the Egyptian Gran Mufti and Bob Dylan have common ? They Lack a piece of Foreskin . WHO estimates that quarter of  the world are circumcised many of them on medical grounds or for reasons of hygiene.

For Jews and Moslems the removal of Fore skin is an established part of their religious practice.

For some Criminal Law specialists and Doctors it is bodily harm , infringes child’s fundamental right to physical integrity.

Jewish belief and faith – Circumcision is religious duty of Jewish parents and has to be carried out on a boys eighth day of life. It recalls the agreement that GOD made with Abraham . The Torah Genesis 17 says ” THIS IS MY COVENANT WHICH SHALL YE SHALL KEEP , BETWEEN ME AND YOU AND THY SEED AFTER THEE. EVERY MAN CHILD AMONG YOU SHALL BE CIRCUMCISED.ANY SHALL CIRCUMCISE THE FLESH OF YOUR FORESKIN” IN OTHER WORDS IF YOU DO NOT HAVE YOUR SON CIRCUMCISED, YOU PLACE YOUR SELF OUT SIDE THE COVENANT BETWEEN GOD AND THE PEOPLE OF ISRAEL.

Islam belief and Faith – Which like Judaism looks to Abraham as patriarch ,  a boy’s Circumcision is an inherent part of belonging to the faith of community . how ever Islamic schools of law more flexible when it comes to appropriate age. In Turkey circumcision is carried between 7 years and 10 years of age or life.

Giving birth to life  and killing of life  have different paths and rules and faiths but bottom  line and end path is  –  if you create a life  Don’t destroy /  Punish living life. at the cost of another life. All life’s are same.

ALL LIVING BEINGS AND HUMAN BEINGS  NOT DIVIDED ON BASIS OF  RELIGIONS , FAITHS AND RULES.

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