EDITORIAL ARTICLES REPORTS
Vol 23 November 1st - 15th 2004 No. 21

  Reports
 


HIGHER JUDICIARY IS BECOMING ANTI-PEOPLE

Amend Constitution to keep courts out of SC/ST quota
Our Correspondent

Bangalore: The higher judiciary is so far removed from the oppressed people of India that we had to express our deep disappointment and even anger many times in Dalit Voice.

This is because the Supreme and High Court judges are mostly from the upper castes, urban-born, urban-bred with hardly any knowledge of the rural side and the suffering humanity. This is not the case with judiciary alone. The country's bureaucracy, financial institutions, security services, media, doctors etc. are also anti-people. There may be some minor exceptions but exceptions only go to prove the rule that these unelected judges and other services are anti-people.

Elected people dubbed corrupt: It is only the elected people who know the pulse of the people though after getting elected they go to cities and tend to be elitist. Because the elected representatives are pro-people the Brahminical media goes on running them down calling them corrupt and what not.

The latest judgment (Nov.5, 2004) of the Supreme Court setting aide the Andhra High Court judgment on "categorisation" of Scheduled Caste reservations as unconstitutional proves that the judges cannot understand the feelings of the suffering people.

Chamars left behind in South: "Scheduled Castes" (SCs) is not a single caste but a cluster of several castes of which some have gone up the ladder by taking advantage of the constitutional reservations and some left behind. In the North, particularly UP, Punjab, MP etc., the Chamars came up fairly well. But in Maharashtra, AP, Karnataka etc. the Chamars (called Madigas in AP and Karnataka) are left behind.

Is it not the duty of the state to lift those left behind? The courts, which are so particular about protecting the interests of the ruling upper castes, are insensitive to the cry of the oppressed. The latest Supreme Court judgment provides the best proof. The court must review its anti-people verdict immediately.

All these years, the Chamars of South and Maharashtra were silent for want of awareness of their deprivation. They politically fought the injustice by joining the BJP. Bangaru Laxman, the dismissed BJP president, was a Chamar. The outgoing Congress Maharashtra Chief Minister Sushil Kumar Shinde is a Dhor which is a Chamar subcaste.

Baffling puzzle: India's caste system is a baffling puzzle. There are castes within castes and subcastes within subcastes. Recently there was violent clash between two subcastes of the ruling Vokkaligas at Hassan in Karnataka proving that Vokkaligas are not one homogenous caste.

No caste in India is homogenous. It is the subcaste that is the real caste. This made us write a book itself on the subject Caste - A Nation Within the Nation (V.T. Rajshekar, Books for Change, 2004).
Do the judges know all this? In their Nov.5 verdict they say:

Reservation must be considered from social objective angle having regard to the constitutional scheme, and not as a political issue".

Keep courts out of social issues: The then AP Chief Minister Chandrababu Naidu "categorised" the SC reservations into ABCD following a prolonged Chamar agitation and the demand was endorsed by the state legislature. Even the Karnataka Govt. is supporting this demand.

DV held a five-year-long debate on the subject and held at least 100 seminars and finally the overwhelming majority supported our view. The court must note that DV does not belong to any party and hence our decision is purely based on Ambedkarite thoughts. The judges have hardly made any study of Dr. Ambedkar and hence have no right to take decision on social problems. The court must be kept out of social issues.

Dalit Voice had fully supported the Madiga demand and our Editor had even addressed Madiga meetings in AP and Karnataka. The stand taken by DV had annoyed a section of Malas but the right-thinking Malas, particularly the Ambedkarites like Gaddar etc. have supported the Madiga demands. But the Supreme Court says the categorisation was made to gain Madiga support.

We take our decision purely on the basis of Justice and Truth on which the Madiga demand is based.
Remove quota from court purview: In UP, the Madigas (Chamars) are the dominant SC subcastes. Other subcastes complain of deprivation and we have supported their claim. This proves how impartial we have been — guided solely by Justice and Truth. Dr. Ambedkar was not a Chamar but a Mahar (Mala) but he never discriminated against any subcaste. He was the father for all the Untouchable castes. That is how his greatest supporters in UP, Punjab etc., are Chamars.

The latest Supreme Court decision will not end the agitation. The Supreme Court judges must know that they are not above the people. The sovereignty lies with the people who have delegated it to their elected representatives (MPs and MLAs) who are totally in favour of the categorisation of SC reservations. How can the unelected Supreme Court judges go against the will of the people?

It is time we remove the subject of SC/ST reservations from the purview of the courts by amending the Constitution.

REFERENCES:
DV Sept.1, 2003 p.5: "Judiciary is neither honest nor accountable".
DV Edit Aug.16, 2003: "CMV syndrome afflicts vaidik judges: Their only worry is common civil code — not social justice".
DV March 1, 2003 p.8: "Vaidik media bid to malign Karnataka BC judges".
DV Feb.1, 2003 p.10: "Apex Court bid to curb Muslim education".
DV Oct.1, 2002 p. 17: "Supreme Court finds nothing wrong with Brahminism".
DV May 16, 2002 p.11: "Govt. rejects quota for Dalits in higher judiciary" & "Chanakya's acquittal in corruption case".
DV May 1, 2002 p.15: "Babri Masjid: How foolish Muslims can be to trust a pro-Hindu judiciary?"
DV March 16, 2002 p. 7: "How to end judicial corruption".
DV Feb.1, 2002 p.4: "Parliament must stop Supreme Court from meddling with will of people" & p.7: "Unjust Hindu judges warned".
DV Dec.1, 2001 p.19: "Anti-Dalit Chief Justice retires".
DV Nov.1, 2000 p. 5: "Racism in judiciary".
DV Sept.16, 2000 p. 7: "Supreme Court practising racism".
Edit Oct.16, 1999: "DV declares war on judicial terrorism: anti-people Supreme Court".
DV Oct.16, 1999 p.5: "How dare Supreme Court say quota in PG medicine is anti-national", Dr. K.C. Yadav, and p.7: "To say Dalit doctors have no merit is clearest case of racism in judiciary", Dr. R.P. Harsh.
DV Oct.1, 1999 p.6: "Dalit protest against Supreme Court".
DV April 16, 1999 p.17: "Judiciary suffering from brahminical prejudices", BAMCEF document.
DV April 1, 1999 p.6: "MPs criticise Supreme Court monopoly".
DV March 16, 1999 p.11: "Dalits furious with Chief Justice Anand".
DV Feb.16, 1999 p.4: "Judiciary sabotaging social justice".
DV Edit Dec.1, 1997: "Democracy in danger because of judicial terrorism on Bahujans".
DV Aug.1, 1995 p.8: "Supreme Court misusing powers to malign Muslims: Beware of manuwadi judges".
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Re-elected Bush will step up war on Islam
Our Correspondent

Bangalore: The "United" States is divided — right in the middle. Many Americans are now saying: "We are two nations".

This is the verdict of the latest Presidential election in which the war-monger George W. Bush returned with a very thin margin — about 2%.

So DV was not the only paper in the world which went wrong in predicting Kerry victory. World famous papers like the New York Times, Washington Post and the Economist also went wrong. The whole world prayed for Kerry victory but he lost.

Wait for more bloodshed: Bush won because of the last-minute heavy turn-out of the Protestant Evangelical Christian groups who were manipulated by the 3% Jews who control America.

The problem with the US Evangelists is, like the Jews, they believe that since Jesus was born in Jerusalem the entire Palestine belongs to Jews under a Biblical dispensation.

We wanted the Kerry victory so that the tired Muslim world would get some respite from the blood-thirsty warlord and his zionist-inspired "Clash of civilisations." But the forces of Nature willed it otherwise. It wanted Bush back to further sharpen the contradictions so that the already enraged Muslims, Blacks and other forces do not cool down but step up their fight against the White Western racists and their zionist guides.

Bush victory means more wars and more bloodshed. The appointment of Condi Rice as the new Secretary of State shows Bush will more aggressive and violent. Fully guided by the zionists, he will be now uncontrollable. Get ready for wholesale war on Islam.

Arafat death: The death of Yasser Arafat is sure to bring the more radical Hamas to the forefront of the Palestinian leadership. The assassination attempt on the new PLO chief, Mohammed Abbas, on Nov.14 by radical Palestinians shows Israel will get no peace even after the death of Arafat. That means the Middle East will reach the boiling point. And Iran, already declared "axis of evil" will jump into the burning fire with Osama bin Laden in the drivers's seat who has already warned Muslims that either they should be with jehad or the "zionist-crusader enemies of Islam".
Very dangerous days are coming.