Archive for the ‘civil code’ Category

Dr B.R. Ambedkar International Conference 2017 – Quest for Equity  – Reclaiming Social Justice, Revisiting Ambedkar – Interpretation of case laws involving reservation to SCs under the Presidential Order 1950 – Can Christians and Muslims get SC status? (5)

August 4, 2017

 

Dr B.R. Ambedkar International Conference 2017 – Quest for Equity  – Reclaiming Social Justice, Revisiting Ambedkar – Interpretation of case laws involving reservation to SCs under the Presidential Order 1950 – Can Christians and Muslims get SC status? (5)

Soosai vs UOI

What Soosai vs UOI judgment says: Castes of Hindu religion identified on ‘untouchability’ related parameters were already scheduled under the 1936 Order. The validity of the order was considered by the Supreme Court in Writ Petition No. 9596/83 in the case of Soosai Vs The Union of India and Others (AIR 1986 SC 733). In para 7 of the judgment the Court had observed that “Now it cannot be disputed that the Caste system is a feature of the Hindu social structure. It is a social phenomenon peculiar to Hindu society. The Apex Court in para 8 of the judgment thus, observed that, “it is therefore, not possible to say that President acted arbitrarily in the exercise of his judgment in enacting paragraph 3 of the Constitution (Scheduled Castes) Order, 1950.” This is also sustained by the debate in Constituent Assembly which recognised “That the Scheduled Castes were a backward section of the society who were handicapped by the practice of untouchability” and that “This evil practice of untouchability was not recognised by any other religion” i.e. other than Hindu. It is apparent that the Constitution (SC) Order, 1950 relates to castes of Hindu religion. It only relates to the Castes discriminated within the Hindu religious system. The Constitution (SC) Order, 1950 is thus not discriminatory or violative of Articles 14, 15, 16 & 25 of the Constitution nor is it ultra vires of the Constitution as it provides for a special category i.e. the Scheduled Castes who have been given a special status under the Constitution. The Constitution (SC) Order, 1950 is thus neither unconstitutional nor ultra-vires of the Constitution nor it is violative of any fundamental right guaranteed by the Constitution. Here, the Christians never appealed or filed any revision petition against this order, but kept quite. At Vatican level, they had many issues and problems, as the Bishops and Cardinals have been following race or caste hierarchical structure. So far, no Black has been elected for the post of Pope, in spite of their claims.

The Bull of Pope Gregory XV, Bulla Romanae Sedis Antistitis, dated 31 January 1623

Christianity, caste and untouchability [1]: Christianity, caste and untouchability: In spite of the tall claims made by the Christians, the caste, racism, untouchability and other factors have been there in Christianity. The hundreds of denominations in different countries based on theology, practices, tribes etc., are the direct proof. Pope Gregory XV published a bull sanctioning caste regulations in the Christian Churches of India. Even the U. N. Commission of Inquiry (1953) into the racial situation in South Africa reported the Biblical background of inspiration for them to adopt “Apartheid” or “Christian caste system” with untouchability [Genesis. 9.25, Joshua. 9.21, 23 & 27]. Untouchability also finds its way to Bible [Joshua. 9.19]. In Ireland, there are separate streets for Roman Catholics and Protestants, as each group treatsothers “untouchables”. Slavery has been a divine approved system [Levi. 25: 44-46; Timothy. 6.11]. Prasadam offered to Jehovah should not be eaten by others [Exo.12:43]. They should not touch things holy to him or offer sacrifice [Levi. 22:25]. Bible should not be taught to others [Jewish Encyclopedia, Vol. 5, p.623; Exo.27:33]. They cannot offer incense [Numbers.16: 40]. They should not approach the holy tabernacle i.e, the “Garba Griha” / Sanctum Sanctorum [Numbers 1.51]. The dishonest Christians  suppress everything and try to fool the gullible SCs and STs projecting that their religion saves them. they could not save their own souls of SCs /STs with dubious methods. There are A to Z Churches with denominations (castes) running into more than 3000 depending upon the nation, language, ethnicity, culture, civilization and other factors. The matrimonial columns appearing in the newspapers and periodicals expose their hypocrisy, as the bride / groom are hunted only on the basis of “caste” and not on the “Christ”!  Crores of Rupees flow into India from abroad to convert India to Christianity. World Christian Organizations never hide this plan. After the Neogi Commission Report, they have only changed their tactics in routing the money. Political pressure at national and international levels is applied through different channels to pump money in. only 30-40% is actually spent under the guise of charity, service, and liberation etc., whereas, 60-70% is adjusted in their manipulated accounts duly certified. They have formed their own high castes and they do not want to share profits with the new converts. They treat them just as “natives” counting numbers and sending statistical figures to parent organizations.

the-constitution-scheduled-castes-order-1950

Theologies floated to suppress the facts: Thus, the discrimination persists and percolates to bottom reaching new complications and crating new social tensions. Therefore, to divert the issue, as decided by the World Council of Churches and other organizations, they set up different “research groups” to shift the blame to Hinduism and escape. After politicizing, they have tried to internationalize the issue. Whoever Indian writer, journalist or “scholar”, who supports this theory, is received aboard usually USA or Germany and taken care of.  “Dalit Theology” is the superior theology masqueraded in mere theoretical egalitarianism to fool “Dalits” projecting Jesus as the Super Star Saviour and Christianity to solve all their social problems, suppressing all cold facts, historical truths and the past tract record of Christianity. “Liberation Theology” is nothing but “Christian Communism” with God offered in different garb mainly advocating violence. It advocates violence, terrorism and anti-national activities in a country where it is preached. After the death of Communism and exposure of their deadly acts in Latin American countries, they have turned their attention to “Dalit Theology”.

Char with the speakers

Pope Gregory XV issued a Bull authorizing Caste[2]: The Pope and the Church have been playing dual roles  as for as India is concerned. Definitely, what the Pope said and what has been reported by Associated Press differs, as AP has tried to interpret the Pope, as if he has recommended that “Christians must reject divisions based on caste” (The Hindu Nov.18, p.12). The Pope Gregory XV (1621-23) has definitely accepted the caste. The Bull of Pope Gregory XV, “Bulla Romanae Sedis Antistitis”, dated 31 January 1623, accedes to the requests of the missionaries to accommodate themselves to certain caste practices and usages of the new converts. Why not then the present Pope annul the Papal Bull issued, instead of recollecting what he had said in 1986. In fact, after his visit, there had been so many “caste problems and issues” within the Indian Church. The “Dalit Christian problem” arose phenomenally. The Supreme Court itself pronounced that if the Church wants reservation based on untouchability and caste, such factors of existence in Christianity should be proven (Soosai vs UOI – AIR 1986). Then, started the >research of Athony Raj, SJ with funds to prove that untouchability and Caste system were there in Christianity and practiced even today.

Dalit Christians demand SC status Indian Express cutting

Whether Muslims can get SC status by converting back to Hindu religion?: A Muslim from audience asked, “I wanted to convert back to Hindu religion and whether I could get SC status, as the Supreme Court pronounced in some cases, that a converted SC-Christian could get back, SC-status, when their SC members accepted him back as his member again. In the same way, if a SC-Muslim wanted to convert back to Hindu religion, whether he could get back SC-status”. Actually, these cases pertain to election candidates, where Christians converts contested elections at reserved constituencies, claiming that they were SCs. When, this was challenged at the courts, the Christians got certificates to the effect that they were Hindu SCs. So the courts pronounced that, as candidate converted back to Hindu religion and got a certificate, documentary evidence to that effect, he was considered as “Hindu”. It is not known as to how the present-day Muslims, who want to claim back their SC-status by converting back, would prove their caste identity.  Ironically, most of them or some of them would also claim that they were not the converted categories from India, but, directly descended from the forefathers, who were of Arabic tribal origins [Ansaris, Mujahideen, and others]. If they were really interested in converting back, why then criticize “Gharwapasi”?

KVR with the speakers

Origin of Caste – the Chairman spoke and wound up the session: The second paper was presented by Bhup Singh Gaur on the approach of Harijans / SCs by Gandhi and Ambedkar. He interpreted that both leaders worked for the upliftment and welfare of the people in their own way. He pointed out that Amedkar was the only leader who attended all the three RTCs and consistently fighting for the rights of Depressed Castes. The third paper, “Dalit – A legal Perspective” was presented by S. Balakrishna Hedge.  His paper was almost answering the issue raised by Tanweer Fazal. Finally, the chair of Prof Chandrama Kanagali presented her paper about the origin of caste in India. She pointed out that the origins of the term ‘caste’ are attributed to the Spanish and Portuguese casta, which, according to the John Minsheu‘s Spanish dictionary (1599), means “race, lineage, or breed”. When the Spanish colonized the New World, they used the word to mean a “clan or lineage.” However, it was the Portuguese who employed casta in the primary modern sense when they applied it to the thousands of endogamous, hereditary Indian social groups they encountered upon their arrival in India in 1498. The use of the spelling “caste,” with this latter meaning, is first attested to in English in 1613.

dalit-word-is-unconstitutional-scheduled-caste-commission

The word “Dalit” is neither constitutional nor legal: The National Commission for Scheduled Castes has asked the state governments not to use the word ‘Dalit” in official documents, saying the term was “unconstitutional”. The commission has stated that sometimes the word ‘Dalit” is used as a substitute for Scheduled Caste in official documents, sources in State Tribal Department said in Raipur. After consultation with the legal department, the commission said the ‘Dalit” word is neither constitutional nor the word has been mentioned in the current laws. Rather ‘Scheduled Caste” is the appropriate and notified word as per the Article 341 of the Constitution, it said in a letter sent to all states. The writers and researchers do not care even about this and continue to mention the word for ulterior motive.

© Vedaprakash

04-08-2017

[1] This I wrote in 2007. https://groups.google.com/forum/ – !topic/talk.politics.misc/ZoUU1QBaBAI

[2] My letter to “The Hindu” wriiten in 2003. http://hindooraashtrcom.fatcow.com/pdf/Caste-in-Christianity-Papal-Bull.pdf

The 10th National Conference of ABISY was held at Mysore from December 24th to 26th 2015 on “Women in Indian culture: From ancient to Modern” (2).

December 29, 2015

The 10th National Conference of ABISY was held at Mysore from December 24th to 26th 2015 on “Women in Indian culture: From ancient to Modern” (2).

1.Shri-Vajubhai-Rudabhai-Vala-Governor-of-Karnataka-inaugurated10th-National-Conference-on-Woman-in-Indian-Culture-through-the-Ages12.18 am (24-12-2015) Senate Hall, Mysuru: M. A. Jayashree sang an inagural song, read “Sankalpa” for the Conference and then, all stood up to sing Janaganamana!

The governors and VIPs arrived and the inagural ritual started.

Those who were on the Dias:

  1. Balamukund.
  2. Prof K. S. Rangappa, VC, University of Mysuru was the Chief Gust of Honour
  3. HE Vajubhai Vala Karnataka
  4. HE Mridula Sihna Goa
  5. Sri Suresh Joshi Bhayyaji, Sarkaryavah, RSS was the guest speaker.
  6. Satish Mittal.
  7. Tontadarya, ex-MLC

ABISY - inagural function Suresh Joshi Bhayyaji, Sarkaryavah, RSS was the guest speakerThe speech of Suresh Bhaiyyaji Joshi: 12.25 pm: The 10th national conference of the Akhil Bharatiya Itihasa Sankalana Yojana began here on Thursday with RSS general secretary Suresh Bhaiyyaji Joshi finding fault with the tradition of confining women to household work[1]. Talking in Hindi, he said, family system was the root of the country, that should be protected by ensuring education, health and safety of womenfolk. Delineating on the need to set right the history of the country, Joshi said, the samiti has taken up many works to introduce the core strength of the country to the people. “While Aryans were indigenous people of India, Britishers falsely propagated that they came from outside. The truth was established after researching deep into the issue. The origin of Sindhu-Saraswati River has been traced”, added Joshi[2]. Addressing the gathering at the inaugural of the conference titled ‘Woman in Indian culture through the ages’ by the yojana, Mr. Joshi said there was a need for women to emerge from the confines of their homes and assume roles in industry, education, politics and other spheres of life. If a country were to achieve progress economically, socially and geographically, there was a need to empower women, he said emphasising the importance of creating awareness on the issue. He also said women should populate not only the army, but also the air force and navy. While favouring bringing Scheduled Castes, Scheduled Tribes and various adivasis into the mainstream, who he said “may be weak, but not unwise”, Mr. Joshi said that issues relating to rural and tribal women, who comprise 70 per cent of women, should be brought on the agenda of the discussions. He called for the need to establish a just society on the basis of equality that is free from western influence. Mr. Joshi emphasised the need to present correct history. Research helped bust the myth that Aryans had invaded India before the Mughals and the British. That Aryans were not foreigners, but were locals, had been proved by scientific evidence, he claimed[3].

Goa Governor Mridula Sinha speaking at the ABISYs 10th national conference in Mysuru on Thursday 24-12-2015-PHOTO- M.A. SRIRAMWhat HE Mridula Sihna Goa spoke: 12.50 to 1.15 pm: HE Mridula Sihna Goa spoke in Hindi. Referring to the practice among a section of the women to avoid bearing children, Goa Governor Mridula Sinha described motherhood as nature’s best gift to a woman[4]. Speaking after inaugurating the national conference organised by the Akhila Bharatiya Itihasa Sankalana Yojana here on Thursday, Ms. Sinha said that she still advises her daughter against forgetting to serve her husband his food even if she does not have the time to cook[5]. “But, never should a woman go hungry,” she said. Also, she went on to say that it was important for men to discuss women’s issues[6]…………the three-day meet should discuss the relevance of nature, culture and decency as they are inter-connected with each other. While nature remains intact after being created, the Indian culture is largely dependent on the nature.Describing motherhood as god’s gift to womenfolk, Sinha regretted that new-age women were avoiding motherhood, that was once protected and preserved, equally contributing to the welfare of the society[7].

6.Shri-Vajubhai-Rudabhai-Vala-Governor-of-Karnataka-inaugurated10th-National-Conference-on-Woman-in-Indian-Culture-through-the-AgesHE Vajubhai Vala spoken on the conference: 1.16 to 1.23 pm: HE Vajubhai Vala Karnataka spoke in Hindi. Governor Vajubhai Vala, who presided over the event, said that women, who play a strong role inside their houses, should display their strength even outside. Though he regretted the delay in the passage of the Women’s Reservation Bill that seeks to set aside 33 per cent of the seats in Parliament and State Assemblies, Mr. Vala said that many women are now occupying powerful posts in the bureaucracy. ….Women nowadays have taken a lead in many fields, with 70 per cent women bagging top honours on the academic front[8]. Most importantly, it’s women who inculcate culture among children. Be it any women, men should ensure their safety and security[9].On the role of women in politics, Vala said, there are examples of women leaders occupying top posts like president and prime minister in India, while in western countries it is more common to see women leaders occupying key positions. Thus, the entire inagural session was carried on in Hindi. After lunch, the paper-reading session started in different rooms of the building situated next to library. The Kannda and Sanskrit sessions were arranged seperately, whereas, the Hindi and English papers were mixed together and the paper-presenters, particularly, those who presented in English could find difficult, as their papers were interpersed between many Hindi papers.

3.Shri-Vajubhai-Rudabhai-Vala-Governor-of-Karnataka-inaugurated10th-National-Conference-on-Woman-in-Indian-Culture-through-the-Ages25-12-2015 (Friday): Paper reading session. Most of the papers were in Hindi and the delegates who did not know Hindi could not understand what was presented. They felt they missed important information, data and information that might have been contained in such presentation. And many papers were in the form of “articles” and not of the nature of “reseach paper”. The emphasis made the title and the sub-themes made the presenters to repeat, duplicate and even rehash the same points, aspects and subject matter. Of course, the “cut and paste” methodology was also noted and pointed out by the organizers themselves.

2.30 to 4.40 pm: General Body Meeting of ABISY.

5.00 to 7.40 pm: Visit to Mysuru palace lightning.

ABISY 10th National Conference inagurated by Mysuru-Goa Governors-Deccan Herald26-12-2015 (Saturday): Paper reading session continued with the same conditions pointed out above. Had the papers been scrutinized properly, such things could not have been occurred. The corrections, modifications and rewriting could have been intimated so that the quality of paper presentation could have been maintained. Such exercise would be useful and educative for budding researchers in paper preparation and presentation. Women paper presenters had not addressed the issues, problems faced by the Indian women. Some women appeared to have felt that “they are happy” and therefore, other “women are also happy”.  Most of the woman paper presenters had not been aware of the current issues dealt with in India in different spheres and thus, papers had been of “glorification of the past” nature. Even in the globalization context also, though only few papers were presented, they had been in a dilemma as to whether to point out the positive aspects or the negative aspects that affect the Indian society.

ABISY - paper presentation, discussion going onWhy papers deviated much away from the theme taken for the conference: The hospitality had been excellent, but, unfortunately, the academic proceedings had been marred by some inherent factors. The subject matter of the whole proceedings was to concentrate on women-issues focussing on the current relating to ancient moral values. The first circular declared that the central subject proposed was “Women in Indian culture: From ancient to present” adding that research papers were also invited on the following topics such as –

  1. Historiography
  2. History in the Puranas
  3. Vaavasi (Tribal) history
  4. District history
  5. Miscellaneous (Archaeology, inscriptions, numismatics, art and architectue, spread of Indian culture abroad etc)

But, the Second circular still enlarged the topics deviating from the women and women-issues givilng the list as follows:

  1. Origin of Indian culture and women
  2. Women in Saraswati-Sidhu civilization.
  3. Women in epic-age
  4. Women in Puranas
  5. Women in Jaina-Buddhist period.
  6. Women in Mauryan and post-Mauryan period.
  7. Women in Gupta and post-Gupta period
  8. Women depicted in indian art / performing art, paintings, wooden, terracota, stone and metallic art / folklore, music, dance etc.
  9. Women in folk tradition and culture
  10. Women in medieval age.
  11. Role of women in freedom struggle
  12. Globalization and Indian women

Other general topics are also as follow:

  1. Historiography
  2. History in the Puranas
  3. Vaavasi (Tribal) history
  4. Regional history

Other Academic subjects:

Archaeology, Epigraphy, numismatics, art and architectue, Indian culture.

The final circular dated 16-10-2015 repeated the above. Thus, the circulars deviated from the theme of the conference, with the diverged subjects and digressing from the idea of the subject matter conceived. Accordingly, the paper-presenters, particularly, the majority of the casual-types had taken full liberty to take any subject and came with “hurried-haste-rehassed” stuff that was criticized by the organizers and the sectional presidents. As they seperated Sanskrit and Kannda paper presentation, Hindi paper presentation or the English paper presentation could have been held seperately. As most of the paper presenters did not follow any “style-sheet” and research methodology, they can be taught about. Incidentally, as ABISY and BISSs have been working on “history writing and re-writing”, they should conduct some workshop for their “paper-presenters” as to how to prepare a reasearch paper. They should be asked to attend IHC, SIHC etc., to listen to historians, interact with others and get experience.

Valedictory function: The valedictory funstion was held at the A.V. Hall without any lack lusture and the same speakers again dwelt upon the same issues in the same manner. Again, the entire ritual was in Hindi. Instead of getting opinion from the delegates about the academic conduct of the conference, it was wound up in a much routine manner. When a particular person was speaking “over-enthusiastically”, the audience started clapping several times. Instead of getting the hint, he continued to talk with spirit provoking them to clap again. There was no indication as to when the 11th National Conference would be held after three years in 2018.

© Vedaprakash

29-12-2015

[1] Laiq A. Khan, Don’t restrict women to household word, The Hindu, Mysuru, December 25, 2015, Updated: December 25, 2015 05:46 IST

[2] http://www.deccanherald.com/content/519415/men-should-empower-women-says8200governor.html

[3] http://www.thehindu.com/news/national/karnataka/dont-restrict-women-to-household-work/article8028161.ece

[4] http://newsnirantara.in/?p=6305

[5] Star of Mysore online, Goa Guv opens Women’s Meet, December 25, 2015; http://www.starofmysore.com/searchinfo.asp?search1=45313&search2=newsheadlines

[6] http://www.thehindu.com/news/national/karnataka/dont-restrict-women-to-household-work/article8028161.ece

[7] http://www.deccanherald.com/content/519415/men-should-empower-women-says8200governor.html

[8] Deccan Herald, Men should empower women, saysGovernor, Mysuru: Dec 25, 2015, DHNS.

[9] http://www.deccanherald.com/content/519415/men-should-empower-women-says8200governor.html