HC strikes down Centre's proposal on quota for minorities

May 28, 2012

High-Court


Hyderabad, May 28: In a setback to government, the Andhra Pradesh High Court today struck down its proposal to give 4.5 per cent reservation to minorities within OBC quota in central educational institutions and jobs, saying that the decision was based on religious grounds and not on any other consideration.

Slamming the Centre for handling the issue in a "casual" manner", a division bench conspiring Chief Justice Madan B Lokur and Justice Sanjay Kumar set aside the Office Memoranda (OM) for carving out the quota from the 27 per cent reservation for OBCs issued in December 2011.

"In fact, we must express our anguish at the rather casual manner in which the entire issue has been taken up by the central government.

"No evidence has been shown to us by the learned Assistant Solicitor General to justify the classification of these religious minorities as a homogeneous group or as more backward classes deserving some special treatment," the bench said.

"We must, therefore, hold that Muslims, Christians, Sikhs, Buddhists and Zoroastrians (Parsis) do not form a homogeneous group but a heterogeneous group," the court observed.

According to K Ramakrishna Reddy, senior counsel who argued for the petitioner R Krishnaiah-- a backward caste leader from Andhra Pradesh, the High Court judgement may affect the admissions that have already been made in central educational institutions such as IITs.

The first OM states that the 4.5 per cent sub-quota is carved out of socially and educationally backward classes of citizens "belonging to minorities" as defined in Section 2(c) of the NCM Act.

The resolution and the second OM created a sub-quota "for minorities".

The very use of the words "belonging to minorities" or "for minorities" indicates that the sub-quota has been carved out only on religious lines and not on any other intelligible basis, the bench observed.

"We have, therefore, no option but to set aside the carving out of a sub-quota of 4.5 per cent in favour of backward classes belonging to minorities out of the 27 per cent reservation for OBCs in both the OMs dated 22.12.2011 and the Resolution dated 22.12.2011. We do so accordingly," the court said.

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coastaldigest.com web desk
June 16,2020

New Delhi, Jun 16: Despite Prime Minister Narendra Modi led government’s attempt to downplay the border dispute with China, matters have heated up unprecedentedly along the Line of Actual Control (LAC)- the effective Sino-India border in Eastern Ladakh. 

The country has lost three precious lives – an army officer and two soldiers. The last time blood was spilled on the LAC, before the latest episode, was 45 years ago when the Chinese ambushed an Assam Rifles patrol in Tulung La.

India had lost four soldiers on October 20, 1975 in Tulung La, the last time bullets were fired on the India-China border though both the countries witnessed bitter stand-offs later at Sumdorong Chu valley in 1987, Depsang in 2013, Chumar in 2014 and Doklam in 2017.

Between 1962 and 1975, the biggest clash between India and China took place in Nathu La pass in 1967 when reports suggest that around 80 Indian soldiers were killed and many more Chinese personnel.

While three soldiers, including a Commanding Officer, were killed in the latest episode in Galwan Valley, the government describes it as a "violent clash" and does not mention opening fire.

New Delhi described the locality where the 1975 incident took place as "well within" its territory only to be rebuffed by Beijing as "sheer reversal of black and white and confusion of right and wrong".

The Ministry of External Affairs had then said that the Chinese had crossed the LAC and ambushed the soldiers while Beijing claimed the Indians entered their territory and did not return despite warnings.

The Indian government maintained that the ambush on the Assam Rifles' patrol in 1975 took place "500 metres south of Tulung" on the border between India and Tibet and "therefore in Indian territory". It said Chinese soldiers "penetrating" Indian territory implied a "change in China's position" on the border question but the Chinese denied this and blamed India for the incident.

The US diplomatic cables quoted an Indian military intelligence officer saying that the Chinese had erected stone walls on the Indian side of Tulung La and from these positions fired several hundred rounds at the Indian patrol.

"Four of the Indians had gone into a leading position while two (the ones who escaped) remained behind. The senior military intelligence officer emphasised that the soldiers on the Indian patrol were from the area and had patrolled that same region many times before," the cable said.

One of the US cables showed that former US Secretary of State and National Security Adviser Henry Kissinger sought details of the October 1975 clash "without approaching the host governments on actual location of October 20 incident". He also wanted to know what ground rules were followed regarding the proximity of LAC by border patrols.

A cable sent from the US mission in India on November 4, 1975 appeared to have doubts about the Chinese account saying it was "highly defensive".

"Given the unsettled situation on the sub-continent, particularly in Bangladesh, both Chinese and Indian authorities have authorised stepped up patrols along the disputed border. The clash may well have ensued when two such patrols unexpectedly encountered each other," it said.

Another cable from China on the same day quoted another October 1974 cable, which spoke about Chinese officials being concerned for long that "some hotheaded person on the PRC (People's Republic of China) might provoke an incident that could lead to renewed Sino-Indian hostilities. It went on to say that this clash suggested that "such concerns and apprehensions are not unwarranted".

According to the United States diplomatic cables, Chinese Foreign Ministry on November 3, 1975 disputed the statement of the MEA spokesperson, who said the incident took place inside Indian territory.

The Chinese had said "sheer reversal of black and white and confusion of right and wrong". In its version of the 1975 incident, they said Indian troops crossed the LAC at 1:30 PM at Tulung Pass on the Eastern Sector and "intruded" into their territory when personnel at the Civilian Checkpost at Chuna in Tibet warned them to withdraw.

Ignoring this, they claimed, Indian soldiers made "continual provocation and even opened fire at the Chinese civilian checkpost personnel, posing a grave threat to the life of the latter. The Chinese civilian checkpost personnel were obliged to fire back in self defence."

The Chinese Foreign Ministry spokesperson had also said they told the Indian side that they could collect the bodies "anytime" and on October 28, collected the bodies, weapons and ammunition and "signed a receipt".

The US cables from the then USSR suggested that the official media carried reports from Delhi on the October 1975 incident and they cited only Indian accounts of the incident "ridiculing alleged Chinese claims that the Indians crossed the line and opened fire first".

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Agencies
July 13,2020

Jaipur, July 13: Amid deepening political crisis in Rajasthan, a crucial meeting of the Congress Legislature Party (CLP) will be held at the chief minister's residence here on Monday.  

The Congress has issued a whip to all party legislators mandating their presence during the meeting which will be convened at 10.30 am by Chief Minister Ashok Gehlot.

Deputy Chief Minister Sachin Pilot has made it clear that he is not going to attend the meeting.

In a statement issued on Sunday night, Pilot had claimed that the Ashok Gehlot government was in minority and more than 30 Congress and some independent legislators have pledged support to him.  

By doing so, he has openly displayed rebellion against the leadership of Gehlot.

However, All India Congress Committee (AICC) general secretary Avinash Pande has said that 109 MLAs have expressed confidence in the Ashok Gehlot-led Congress government in the state and have signed a letter in support.

Pande said a whip had been issued asking all the MLAs to attend the CLP meeting and that action will be taken against those who skip it.

In the 200-member Rajasthan Assembly, the Congress has 107 MLAs and the BJP 72.

The Congress has the support of 10 out of 13 independents, and other party MLAs like Rashtriya Lok Dal (1), which is its ally. The Congress also considers Bhartiya Tribal Party (2) and CPI(M) (2) MLAs as their supporters.

BJP ally Rashtriya Loktantrik Party (RLP) has three MLAs in the assembly.

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News Network
February 28,2020

Feb 28: For 30-year-old Shabana Parveen, it was nothing sort of a miracle — giving birth to a healthy baby boy after surviving a brutal attack by a mob who kicked and assaulted her and her husband in northeast Delhi's Karawal Nagar.

Their home set afire by the mob, Ms Parveen's family is now pinning their hopes on the newborn who they called a "miracle baby".

Ms Parveen, her husband, two kids and mother-in-law were sleeping inside the house on Monday night when a mob barged into their house.

Narrating their ordeal, Ms Parveen's mother-in-law Nashima told PTI, "They hurled religious slurs, beat up my son. Some of them even kicked my daughter-in-law in the abdomen...as I went to protect her they came charging at me... We thought we would not survive that night. But with God's grace we somehow managed to escape from the clutches of the rioters."

"We rushed Parveen to a nearby hospital but doctors there asked us to go to Al-hind Hospital where she delivered a baby boy on Wednesday," she added.

Despite having lost their home for over two decades and all belongings, her family has overcome the initial shock and are now overjoyed with the birth of the "miracle baby".

Ms Nashima said she had no clue where the family would go after Ms Parveen was discharged from the hospital.

"It's all gone there. Nothing left. Maybe, we will go to some relative's place and see how we can re-build our life," she said.

Ali, 6, who held his one-day-old brother, caressing his forehead, said, "I will take care of him forever and save him from every ill."

The violence over the amended citizenship law in northeast Delhi has claimed 38 lives so far and left over 200 people injured. Frenzied mobs torched houses, shops, vehicles, a petrol pump and pelted stones at locals and police personnel.

Jaffrabad, Maujpur, Babarpur, Yamuna Vihar, Bhajanpura, Chand Bagh and Shiv Vihar are among the areas mainly affected by the clashes.

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