Golden side of social justice

There are two types of expectations for citizens in any decision of the Supreme Court related to public policy. (1) Any decision to be consistent with the Indian Constitution, and (2) his decision should give power to the administration. There was a case of reservation for promotion to Scheduled Caste / tribe before the court in which he did not prove himself on both of the points mentioned above. In the 2006 judgment, the court barred the government from collecting the number of SC / ST government employees.
The government did not even take cognizance of the decision of the nine-member bench in the case of Indira Sahni in 1992, which stated that there is no point in discussions on the creamy layer in case of scheduled caste / tribe. Referring to constitutional provisions in the case of Indira Sahni, the court had clarified that reservation of Scheduled Caste / Scheduled Tribes is not being given because they are poor; But they are being given because they are excluded or excluded from the society.
In Article 335, reservation of this class has been determined only as the right of representation, not like welfare measures. In this context, a citizen can appeal to the Scheduled Castes / Scheduled Tribes to provide employment for the welfare of relatively weak people. But for this, issue of separation of creamy layer in the general category will be raised.
What can the court do?
The Scheduled Castes / Scheduled Tribe people who have come under the creamy layer can be given the option of exiting themselves from the facility of reservation. At present, there is no alternative to rejecting reservation for this class.
Any candidate is required to write his own caste during the government job application. As soon as the Scheduled Castes / tribes write, they themselves come in the reserved list. By allowing this class to compete in the general category list, all Scheduled Castes / Scheduled Tribes will be given a chance to come forward.
This will also benefit one that people of this class will stop demanding more posts than their proportion in the total population. Together, it can be said that our country and its policies should be proud of that it has created such a creamy layer from the most backward castes in the country today, which should be combined with the general category. Ready to walk. These people have made their community stand out among the common Indians. It is revolutionary in itself.
Now, the obstruction of employment and promotions can be fatal. In the general category, what similarities will be made in the selection of the creamy layer in the election and keeping the backward and the poor in the reserved category? Today's competent class would have been backward lately. This is a common socio-economic process, which changes over generations. India needs constitutional provisions to overcome social discrepancies stemming from its caste system deficiencies, and this can be expected to maintain certainty and continuity from the Supreme Court of India.
Based on D. Shyam Babu's article published in 'The Hindu'. October 4, 2018

Comments

Post a Comment

Popular posts from this blog

Human Rights Commission should be made powerful

Image
25 years of National Human Rights Commission are being completed in 2018  Commission was formed on the basis of the 1993 Human Rights Protection Act.  From the beginning of its formation the commission is surrounded by controversies.  In the forthcoming winter session of Parliament, the government has planned to present an amendment proposal. A look at formation In 1993, the United Nations General Assembly adopted the principles of Paris on human rights.  Thereafter, a human rights organization was formed in almost every country.  In these five years, these institutions have to renew the recognition by the UN Human Rights Council.  Like other areas, grading is also done in the field of human rights.  If India gets A-grade, then it will get place in the policy-making process of the United Nations Human Rights Council and other international organizations. In view of political interference in the Human Rights Commission of India, the Internatio...
Read more

Insight: Human trafficking in India

Context and background  In the case of human trafficking, India is among the top countries in the world and it is considered a source of human trafficking, transit and destination.  In addition to inter-state human trafficking between any one state borders and international human trafficking from Nepal and Bangladesh also happens in India due to a long open border.  West Bengal has emerged as a new center for human trafficking.  India has human trafficking in West Asia, North America and European countries.  Worldwide, there are about one-third of the victims of human trafficking. Definition of human trafficking According to the definition of the United Nations, acts of frightening, forceful or faulty behavior, taking place there or taking hostage, fall under the category of trafficking. Why is human trafficking? Poverty and illiteracy is the biggest reason Demand and supply theory Bonded wages  Body trade  social inequality Regional gen...
Read more

A controversial decision taken on Sabarimala temple

Image
In the last days, the Supreme Court has ordered the permission of women to enter the Sabarimala temple in Kerala for 10 to 50 years of age.  It is important to note that entry of women of this age group in this temple is restricted.  This restriction has some of its religious reasons.  The Supreme Court has given its verdict considering it as a matter of discrimination against women. The hearing of this case was on the back of five judges, in which there were four men and one woman judge.  The main issue of the matter was that (A)  The process of separation of women from the temple, does the violation of the provision to be treated equally before the law under Article 14?  In addition, does Article 15 and 17 violate the provisions of non-discrimination and the provisions of declaration of untouchability? (B)   Is this the 'mandatory religious practice' to keep women separate, because of religious freedom of Article 25? (C)  Is Swami Ai...
Read more