Reservation for Economically Backward: Another Jumla!

Ram Puniyani
January 18, 2019

Indian caste system has been a big obstacle to the journey towards equality. With Independence and the Indian Constitution coming into being, the provisions were made for socially backward classes for reservations for SC and ST. Later in 1990, VP Singh when faced with the threat to his power from Choudhary Devilal, implemented to report of Mandal Commission which gave 27% of reservation to other backward castes. This was in addition to the already existing quota for the ST and SC. Lately there have been demands from dominant castes like Jats, Marathas, Patels and others for reservations for them. The state Governments have been in dilemmas about these demands, for some of which massive agitations have been launched in recent history.

Coming in this backdrop is the BJP led NDA Government has introduced 10% reservation for the economically backward upper castes. The Central Cabinet gave approval to the same and the Parliament has passed the amendment for its implantation. At the same time ‘Youth for Equality’, which has been opposing the very concept of reservation on the grounds that only merit should be the criterion for jobs has challenged this in the Supreme Court. What is interesting is that BJP as a party has been in the forefront of ideological battle opposing the concept of reservations. Long agitations and movements have been witnessed in the past led by the right wing people opposing the very concept of reservation. The anti reservation riots of Ahmadabad in 1980s were against the quota for dalits. These witnessed massive violence against dalits. Similarly in 1985 onwards another series of violence was unleashed against the principle of reservation in promotion in jobs.

In the wake of Mandal Commission implementation the only party to oppose it was Shiv Sena. The other major outfit conceptually opposed to reservations and beating the drum of merit has been BJP. For electoral purpose it did not come forward to openly oppose the Mandal Commission. In place it went on to strengthen its Kamandal politics, the Ram temple politics, which polarized the society along religious lines leading to massive violence. Youth for Equality has been constantly opposing reservation of all and any types. It is now in Supreme Court.

The upper limit of reservations so far has been set to a total of 50%, with this 10% additional it will go up to 60%. Will it be legally tenable, needs to be seen. The definition of economically backward defies all the logic, what has been proposed is that all those having an annual income of below 8 Lakhs per year, having a household less that1000 square feet and having land less than 5 Acres will be put in this category. If we see the rough estimates around these parameters, over 90% of Indian population will be eligible for this 10% reservation, in effect it is like neutralizing the whole concept of affirmative action and surely poor of the upper caste are not going to benefit from it.

The points which emerge from this reservation initiative by this government show that its intention is not any way to help the poor upper caste to come up. So far in society those benefitting from quotas have been looked down in a humiliating way. It is to bypass this ST/ST/OBC reservation that the whole series of private colleges came up, where bypassing the merit, the money power was the major factor. The contradiction of merit versus money stood very much exposed during last many decades. While blaming the one’s coming from reserved category as being sub standard, the private colleges-donations and game of money has been the major player in the field of education. So while there has been opposition to the concept of reservation why this move, which in any way is not going to be of any use in bridging the divide of social-economic disparity.

It is interesting to note that while this move is being undertaken thousands of jobs are lying vacant; not being filled. In most of the areas, permanent work is being outsourced on contract to the temporary workers. The policy makers know that this move is not going to benefit the poor as new jobs are not being created. Be it the Government sector of the public sector, there is a massive stagnation in the jobs and that is what is leading to the frustration among the youth. When jobs are not being filled or created afresh what does the quota mean?

Mr. Modi came to power in 2014 on the promise of creating two crore jobs every year. Rather than creating more jobs he has landed up with reduction of jobs in informal sector due to demonetization. The ‘Make in India’ which was supposed to create jobs turned out to be a flop. With the growing unemployment not only we need think of our industrial policies but also focus on how we implement affirmative action. People are suffering due to social injustice and also due to discrimination on ground of religion. Rangnath Mishra Committee and Sachar Committee reports tell us the massive discrimination against Muslim minorities. How do we march towards a society with justice in this scenario? The short sighted Jumla led leaders cannot deliver justice or jobs. We need an inclusive government with inclusive agenda to address the ills of our society.

This so called reservation for economically backward section of society is yet another attempt by Modi-BJP to throw up another jumla, which has no content as for as implications on poorer upper caste is concerned. At another level bringing in economic criterion in the reservations is an admission of failure to alleviate poverty. It is also an attempt to undo the very basis of reservation as given in our Constitution, and that is social injustice, the social hierarchy. Reservation is not a poverty alleviation program, which any way needs to be undertaken. This again is just not possible by a government, which is more concerned about favoring big Corporate in its policy making.

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News Network
May 21,2020

Mangaluru, May 21: The Supreme Court has awarded Rs 7.64 crore compensation to the next of kin of a man who was killed in a crash-landing of Air India Express Flight 812 from Dubai in Mangalore on May 22, 2010. The accident killed 158 out of 166 passengers on board.

The family of the 45-year-old Mahendra Kodkany, which include his wife, daughter and son, were earlier granted Rs 7.35 crore as compensation by National Consumer Disputes Redressal Commission (NCDRC). This compensation will now get enhanced after adding 9 per cent interest per annum (on the amount yet to be paid), to be paid by Air India.

Kodkany was the regional director for the Middle East for a UAE-based company. The aircraft overshot the runway and went down a hillside and burst into flames.

A bench comprising Justices D.Y. Chandrachud and Ajay Rastogi said: "The total amount payable on account of the aforesaid heads works out to Rs 7,64,29,437. Interest at the rate of nine per cent per annum shall be paid on the same basis as has been awarded by the NCDRC. The balance, if any, that remains due and payable to the complainants, after giving due credit for the amount which has already been paid, shall be paid within a period of two months."

The apex court noted that in a claim for compensation arising out of the death of an employee, the income has to be assessed on the basis of the entitlement of the employee. The top court said: "We are unable to accept the reasons which weighed with the NCDRC in making a deduction of AED (UAE currency) 30,000 from the total CTC. Similarly, and for the same reason, we are unable to accept the submission of Air India that the transport allowance should be excluded. The bifurcation of the salary into diverse heads may be made by the employer for a variety of reasons."

The top court observed that the deceased was evidently, a confirmed employee of his employer. "We have come to the conclusion that thirty per cent should be allowed on account of future prospects", added the court.

The top court noted that if the amount which has been paid by Air India is in excess of the payable under the present judgement, "we direct under Article 142 of the Constitution (discretionary powers) that the excess shall not be recoverable from the claimants," said the court.

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A.Rahman
 - 
Friday, 22 May 2020

First of all  A Salute To Lawyer One Who Handled This Case Against Carriers Mismanagement Wrong Action.

 

Sure this is the second victory for the lawyer against arriers mismanagement.

 

Over all it is the sign  of a profesional ; qualified  eligble  lawyers efforts and right decision from a capable knowlegable judge. Suit case operating lawyers cannot handle such specilized cases.

They lawyer may handled rest of the vicitms cases or he not. But for his siincere efforts for the past ten years delcares whatn he  is. Am personally met him and  witnessed his court appearance  hope and wish him all the best and success .

 

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coastaldigest.com news network
June 23,2020

Mangaluru, Jun 23: A charter flight carrying as many as 166 people including a child stranded in United Arab Emirates today reached Mangaluru. 

The flight was chartered by M Friends Charitable Trust, Mangaluru and My Community Foundation with the sole intention of helping the repatriation of stranded passengers such as pregnant women, elderly people and those who are in need of emergency medical care. 

The flydubia flight FZ4617 took off from Dubai at 2 p.m. and landed at Mangaluru International Airport at 7:22 p.m.

The passengers who arrived from UAE hail from different parts of coastal Karnataka and passengers themselves had borne the ticket fare for their travel.

M Friends president Haneef Haji Goltamajalu has thanked representatives of My Community Foundation and M Friends Trusty Ashraf Abbas Kunjattur, M Friends NRI leader Haneef Puttur, general secretary Rasheed Vittla for their efforts in chartering the flight.

In the last three weeks, 13 special flights with around 2150 passengers from various Gulf countries had landed at Mangaluru airport. 

Already, throat swab samples of 1814 passengers, who had arrived in Mangaluru, have been tested and 239 people with international travel history have tested positive and the samples of 1,575 passengers have tested negative so far.

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coastaldigest.com news network
May 30,2020

Mangaluru, May 30: Accusing the chief minister B S Yediyurappa led Karnataka government of ignoring frontline warriors against covid-19, Mangaluru MLA U T Khader has demanded immediate release of pending salaries of doctors, lab technicians and nurses hired under the National Health Mission.

Addressing a press conference in the city today, the former minister said that Congress would launch an agitation if the government fails to release the amount immediately.

The non-payment of salaries clearly shows that the government has no concern for the COVID-19 warriors who are serving on a contract basis for two months, he said.

Mr Khader said there are 23,000 personnel hired under the National Health Mission in Karnataka including 600 in Dakshina Kannada district alone.  All of them are waiting for their salaries for the last two months.

“Asha workers were also partially paid for the month of April. If the government had concern towards COVID-19 warriors, they would have paid extra for the doctors, nurses, and other workers who are working tirelessly in the fight against COVID-19 at the grassroots level,” he added.

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