DALIT ONLINE – e News Weekly

Spreading the light of humanity & freedom

Editor: Nagaraja.M.R.. Vol.15..Issue.04........27 / 01 / 2019

SC to examine validation of 10% quota to

poor in general category

The bench said that they are examining the matter and hence issuing notice
returnable within four weeks. However, they did not stay the operation of the
Centre's decision granting quota to the poor in the general category.

The Supreme Court on Friday decided to examine the Centre's decision to grant 10
percent reservation in jobs and education to poor candidates belonging to general
category. A bench comprising Chief Justice Ranjan Gogoi and Justice Sanjiv
Khanna issued notice to the central government on various petitions challenging the
validity of the Constitution (103 Amendment) Act, 2019, which paved the way for
grant of quota to poor belonging to general category. "We are examining the matter
and hence issuing notice returnable within four weeks," the bench said.

The bench, however, did not stay the operation of the Centre's decision granting
quota to the poor in the general category. In the poll year, the Narendra Modi
government had come out with the constitutional amendment bill giving quota
benefits to the poor among general category candidates.

The petitions were filed by parties including organisations like Janhit Abhiyan and
Youth For Equality challenging the Centre's decision. The petition, filed by Youth For
Equality, has sought the quashing of the bill saying that the economic criterion
cannot be the sole basis for reservation.

The plea has said the bill violates basic feature of the Constitution as reservation on
economic grounds cannot be limited to the general categories and the 50 per cent
ceiling limit cannot be breached.

A similar plea has been filed by businessman Tehseen Poonawalla seeking to quash
the bill, saying that backwardness for the purpose of reservation cannot be defined
by "economic status alone". The quota will be over and above the existing 50 per
cent reservation to SCs, STs and Other Backward Classes (OBCs).

Lok Sabha and Rajya Sabha cleared the Bill on January 8 and 9 respectively and it
has also been signed by President Ram Nath Kovind.

Editorial : BAN Reservation to rich dalits

- Rich must not enjoy at the expense of poor

Basic tenet of our democratic governance and of our constitution is EQUALITY &
EQUAL OPPORTUNITY to all Indian citizens.

Reservation policy 4was intended as a short term measure to correct historical

injustice to dalits.

Basic principle of criminal justice stipulates you cann't hold a grandson liable for a
murder committed by his grandfather a century ago and punish the grandson now.

In the name of correcting historical injustice to dalits , even after extending

reservation benefits for 71 years , goverment is practicing apartheid policy.
Government is forcefully suppressing a class of citizens so called forward caste
people. This is against basic tenet of constitution of india.

These suppressed forward caste people are truly “ NEO-DALITS".

In a running race boys who have practiced hard for years are running in the race
sincerely , meanwhile organisers of racers tweak the rules of the game to few
participants, gives them motor bikes. Naturally boys on bikes will cross finishing line
first than boys on legs. Finally organisers declare boys on bike who crossed finishing
line first as the winner. This is exactly what government is doing since 70 years by
reservation policy. Is it fair ? Is it not illegal, against constitution? Right way is
instead of giving bikes to those boys running training must be given to them. Finally
race must be on a level playing ground.

Do remember we are also citizens of india and we are also tax payers. With our
money ( public money ) Since 70 years government is suppressing us in the
name of forward caste. It is illegal , unconstitutional, violations of
constitutional rights , violations of human rights. Now 50% of jobs , seats in
educational institutions are divided between SC , ST , OBC, MUSLIMS &
minorities totally neglecting poor of all castes & religions. Some of the OBC
groups were part of ruling dynasties never faced any social persecution and
now with political clout got themselves as backward and enjoying reservation
benefits. Whereas Muslims are in majority in Jammu Kashmir , Kerala and
Christians are in majority in Kerala / North Eastern States still they are
 enjoying reservation benefits wrongly as minorities whereas real minorities
hindus in those states are getting none of the benefits. We citizens of india as
tax payers has right to decide how our tax money is spent by government. We
don't want our hard earned money to be wasted on unfit rich people rather we
want it to be rightly spent on poor dalits poor hindus poor muslims poor
minorities poor OBCs. Within 50% reservation quota 10% must be reserved for
poor irrespective of caste, religion. Within a definite time frame caste based
reservation must be replaced with poverty based affirmative action. Our
Constitution framers Dr.Baba saheb B R AMBEDKAR themselves have fixed
10 years timeline for reservation but our short sighted power hungry
politicians have extended it beyond 70 years. Laws should be dependent on
present facts not history alone. As the time changes, social scenario changes
in sync with time laws must also change must be amended. Then alone
country , it's people can prosper.
-
- Hereby, we request Honourable supreme court of india:

1. To identify all citizens suppressed by government in the name of forward

caste as “ NEO-DALITS”.
2. To legally punish the public servants who extended reservation policy for 70
years much against the wishes of constitution framers.
3. As a first step fix economic cut off point to separate creamy layers of dalits ,
OBCs , minorities from reservation benefits.
4. Second step keeping the same economic cut off point identify poor , needy
in other castes also and extend the reservation benefits to them also on an
equal footing.
5. Finally down the line scrap all caste based reservations instead income
based affirmation policy must be brought in. Instead of declaring a person
with low marks as passed, selected against many other talented , struggling
persons, that low scoring person should be given free coaching facilities, free
hostel, fee waiver, etc. But exam rules , selection rules must be same for all.
6. Still if goverment continues with it's crimes of suppressing neo dalits and if
apex court also aids the goverment, both of them become criminals.
7. 10% reservation must be accommodated within 50% reservation pie of
jobs, seats in educational institutions.
8. Give minority reservation benefits to hindus in jammu kasmir, kerala, north
eastern states where actually hindus are in minority whereas muslims
Christians are in majority.
9. Fix a definite time line for removal of caste based reservation and it's
replacement with poverty based affirmative action.
10. To stop persecution , human rights violations, fundamental rights
violations of sections of society falsely declaring all of them as forward.
11. To clearly specify the parameters for declaring a person as backward or
forward or minority or oppressed.
12. To remove the forwards among so called backwards, minorities from
reservation benefits.

PIL – Ban Reservation to Rich Dalits Muslims OBCs

IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION

CRIMINAL WRIT PETITION NO. OF 2019

IN THE MATTER OF

NAGARAJA . M.R

editor , DALIT ONLINE ,

# LIG 2 , No 761 ,, HUDCO First Stage , Laxmikantanagar ,
Hebbal , Mysore – 570017 , Karnataka State
.
....Petitioner

Versus

Honourable Chief Secretary , Government of Karnataka ,

Honourable Pricipal Cabinet Secretary , GOI & Others

....Respondents

PETITION UNDER ARTICLE 12 to ARTICLE 35 & ARTICLE 51A OF THE

CONSTITUTION OF INDIA FOR ISSUANCE OF A WRIT IN THE NATURE OF
MANDAMUS UNDER ARTICLE 32 & ARTICLE 226 OF THE CONSTITUTION
OF INDIA.

To ,
Hon'ble The Chief Justice of India and His Lordship's Companion
Justices of the Supreme Court of India. The Humble petition of the
Petitioner above named.

MOST RESPECTFULLY SHOWETH :

1. Facts of the case:

Dalits & backward caste people have suffered innumerably for centuries at the
hands of forward caste people. It was nothing but APARTHEID policy.
Muslims and other people whoes numbers were minor also suffered
persecution.
Our constitutional framers to provide equal oppurtunity to all indian citizens
gave certain transient measures like reservation in schools , college , jobs , etc
to these persecuted people.
Now even after 71 years of independence & reservation , affirmative policies
of government still many dalits , minorities are suffering. Creamy layers of dalits
, muslims with political connections have over used , reservation benefits to the
maximum denying their own dalit , muslim brothers , sisters of reservation
benefits. Few well connected dalit families have over used reservation benefits
multiple times , while many poor dalit families have not used reservation even
once. Few Scheduled Tribe communities & other backward caste communities
didn’t face any social boycott at all in the past. Some of those communities
were actually rulers / royals. Still due to political connections now
those few ST & few OBC communities are enjoying reservation . As a
result few dalits , muslims have become well educated , rich while their poor
brothers suffer in ghettos , slums.
In few dalit families both father & mother are in government service based on
reservation , has taken fast promotion on reservation , both
sons got education on reservation and even got government jobs on
reservation. Still that family wants residential site under reservation quota
, school seat for grandson under reservation , how is it justified ?
Reservation benefits are provided by public coffers – ie hard earned tax
payer’s money belonging to all castes & religions. That money must be properly
used to correct historical wrong. Reservation benefit must be given only once
to a family , the family member who uses that benefit to get education &
appointment reaches a stage of financial independence. In turn that family
member must personally spend towards uplifting his other family members
instead of relying on government support.
The castes & tribes which didn’t face any social ostracism but enjoying ST &
OBC benefits by political connections must be removed from those
categories. The poor among those castes & communities must be
given financial support for education , self employment , etc based on economic
criteria. In this way reservation fund will be preserved & that saved money can
be used for other poor SC / ST / OBC / Minority families. So that all SC / ST /
OBC / Minority family will come up fast in society.
Private sector which enjoys loans , subsidies , other benefits from
government , public banks are not bound by reservation policy , are not bound
by social obligation to provide reservation to dalits & muslims.
Successive governments are indirectly segregating people with new names &
using them as vote banks. Affirmative actions of government are creating
inequalities in society, while constitution of india mandates to treat all citizens as
equals.

Basic tenet of our democratic governance and of our constitution is EQUALITY

& EQUAL OPPORTUNITY to all Indian citizens.

Reservation policy 4was intended as a short term measure to correct historical

injustice to dalits.

Basic principle of criminal justice stipulates you cann't hold a grandson liable for
a murder committed by his grandfather a century ago and punish the grandson
now.

In the name of correcting historical injustice to dalits , even after extending

reservation benefits for 71 years , goverment is practicing apartheid policy.
Government is forcefully suppressing a class of citizens so called forward caste
people. This is against basic tenet of constitution of india.

These suppressed forward caste people are truly “ NEO-DALITS".

 In a running race boys who have practiced hard for years are running in the race
sincerely , meanwhile organisers of racers tweak the rules of the game to few
participants, gives them motor bikes. Naturally boys on bikes will cross finishing
line first than boys on legs. Finally organisers declare boys on bike who crossed
finishing line first as the winner. This is exactly what government is doing since
70 years by reservation policy. Is it fair ? Is it not illegal, against constitution?
Right way is instead of giving bikes to those boys running training must be given
to them. Finally race must be on a level playing ground.

Do remember we are also citizens of india and we are also tax payers. With our
money ( public money ) Since 70 years government is suppressing us in the
name of forward caste. It is illegal , unconstitutional, violations of constitutional
rights , violations of human rights.

We as citizens of india as tax payers has right to decide how our tax money is
spent by government.

- Do remember we are also citizens of india and we are also tax payers. With our
money ( public money ) Since 70 years government is suppressing us in the
name of forward caste. It is illegal , unconstitutional, violations of
constitutional rights , violations of human rights. Now 50% of jobs , seats in
educational institutions are divided between SC , ST , OBC, MUSLIMS &
minorities totally neglecting poor of all castes & religions. Some of the OBC
groups were part of ruling dynasties never faced any social persecution and
now with political clout got themselves as backward and enjoying reservation
benefits. Whereas Muslims are in majority in Jammu Kashmir , Kerala and
Christians are in majority in Kerala / North Eastern States still they are
enjoying reservation benefits wrongly as minorities whereas real minorities
hindus in those states are getting none of the benefits. We citizens of india as
tax payers has right to decide how our tax money is spent by government. We
don't want our hard earned money to be wasted on unfit rich people rather we
want it to be rightly spent on poor dalits poor hindus poor muslims poor
minorities poor OBCs. Within 50% reservation quota 10% must be reserved for
poor irrespective of caste, religion. Within a definite time frame caste based
reservation must be replaced with poverty based affirmative action. Our
Constitution framers Dr.Baba saheb B R AMBEDKAR themselves have fixed
10 years timeline for reservation but our short sighted power hungry
politicians have extended it beyond 70 years. Laws should be dependent on
present facts not history alone. As the time changes, social scenario changes
in sync with time laws must also change must be amended. Then alone
country , it's people can prosper.

2. Question(s) of Law:

Why not LIMIT reservation only once to a family that too only one family
member ? Why NOT limit reservation to only poor among SC / ST / OBC /
Minorities ?
3. Grounds:

Request for proper use of reservation funds to needy.

4. Averment:
.
a . Hereby , I do request the honorable supreme court of India to consider this as
a PIL for : “writ of Mandamus” and to issue instructions to the concerned public
servants in the following cases to limit reservation benefit only to needy among
SC / ST / OBC / Minorities.
b. to give reservation benefits like job reservation , subsidized loan ,
preferrential industrial / residential site allotment , etc only once , only one
benefit that too to only one family member. This avoids a single dalit with
political connections using multiple reservation benefits and same family
members using reservation benefits. Once a dalit gets reservation benefit he
must come up on his own and must strive to bring up his other family members.
This way reservation benefit will reach other poor dalit families who have not
received a single reservation policy benefit.
c. to order government to stop appeasing one minority community by subsidized
pilgrimage , marriage support , etc while denying the same to other community.
d. The intent of our constitutional framers was to bring oppressed on par with
forward caste people towards a dignified life but never to put them above
others crushing , oppressing poor forward caste people. This goes against
constitution & creates new way of APARTHEID & new outcasts.
e. to order government to enforce reservation policy in job , school seats , to
private sector also.
f. To extend financial aid , educational aid benefits on par with SC / ST / OBC /
Minorities to all economically weak weak people irrespective of their castes ,
religions.
.

PRAYER:
In the above premises, it is prayed that this Hon'ble Court may be pleased:

a . Hereby , I do request the honorable supreme court of India to consider this as

a PIL for : “writ of Mandamus” and to issue instructions to the concerned public
servants in the following cases to perform their duties & to legally
enforce Uniform Civil Code.
b. to give reservation benefits like job reservation , subsidized loan ,
preferrential industrial / residential site allotment , etc only once , only one
benefit that too to only one family member. This avoids a single dalit with
political connections using multiple reservation benefits and same family
members using reservation benefits. Once a dalit gets reservation benefit he
must come up on his own and must strive to bring up his other family members.
This way reservation benefit will reach other poor dalit families who have not
received a single reservation policy benefit.
c. to order government to stop appeasing one minority community by subsidized
pilgrimage , marriage support , etc while denying the same to other community.
d. The intent of our constitutional framers was to bring oppressed on par with
forward caste people towards a dignified life but never to put them above
others crushing , oppressing poor forward caste people. This goes against
constitution & creates new way of APARTHEID & new outcasts.
e. to order government to enforce reservation policy in job , school seats , to
private sector also.
f. To extend financial aid , educational aid benefits on par with SC / ST / OBC /
Minorities to all economically weak people irrespective of their castes , religions.
g. to pass such other orders and further orders as may be deemed necessary on
the facts and in the circumstances of the case.

Hereby, we request Honourable supreme court of india:

1. To identify all citizens suppressed by government in the name of forward

caste as “ NEO-DALITS”.
2. To legally punish the public servants who extended reservation policy for
70 years much against the wishes of constitution framers.
3. As a first step fix economic cut off point to separate creamy layers of
dalits , OBCs , minorities from reservation benefits.
4. Second step keeping the same economic cut off point identify poor ,
needy in other castes also and extend the reservation benefits to them also
on an equal footing.
5. Finally down the line scrap all caste based reservations instead income
based affirmation policy must be brought in. Instead of declaring a person
with low marks as passed, selected against many other talented ,
struggling persons, that low scoring person should be given free coaching
facilities, free hostel, fee waiver, etc. But exam rules , selection rules must
be same for all.
6. Still if goverment continues with it's crimes of suppressing neo dalits
and if apex court also aids the goverment, both of them become criminals.
7. 10% reservation must be accommodated within 50% reservation pie
of jobs, seats in educational institutions.
8. Give minority reservation benefits to hindus in jammu kasmir, kerala,
north eastern states where actually hindus are in minority whereas
muslims Christians are in majority.
9. Fix a definite time line for removal of caste based reservation and
it's replacement with poverty based affirmative action.
10. To stop persecution , human rights violations, fundamental rights
violations of sections of society falsely declaring all of them as forward.
11. To clearly specify the parameters for declaring a person as backward or
forward or minority or oppressed.
12. To remove the forwards among so called backwards, minorities from
reservation benefits.

FOR WHICH ACT OF KINDNESS, THE PETITIONER SHALL BE DUTY

BOUND, EVER PRAY.

Dated : 27.01.2019.. ………………..FILED BY: NAGARAJA.M.R.

Place : Mysuru , India…………………….PETITIONER-IN-PERSON

Edited, printed , published owned by NAGARAJA.M.R. @ # LIG-2 No 761, HUDCO FIRST STAGE , OPP
WATER WORKS , LAXMIKANTANAGAR , HEBBAL ,MYSURU – 570017 KARNATAKA INDIA Cell : 91
8970318202
WhatsApp 91 8970318202

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