[Reader-list] FALSE ASSUMPTIONS ON LAW OF THE LAND

[Asit Das]

false assumptions by law of the
land<http://karthiknavayan.wordpress.com/2013/10/11/false-assumptions-by-law-of-the-land/>







Patna high court judgment on acquittal of all 26 accused in Laxmanpur caste
massacre advocates false assumptions by law of the land that “untouchables”
have become the majority and powerful class in India who are misusing
Atrocity Act and falsely alleging Caste Hindu. Let us review some of the
following points:

1. Reflecting on Jurisprudence: In case of SC/ST, there is no level playing
fields, guilty (caste oppressor ) are assumed innocent, there is a gross
injustice that prevails in the court of justice. Court gives the benefit of
the doubt to the caste Hindu oppressor and not the victims of caste
massacre. In all cases of justice when there is Scheduled Castes as a party
they are considered as guilty, and the oppressors are given benefits as
they are considered as moral and just being sacrosanct. There is an urgent
need to change the atrocities act and IPC in cases where Dalits are victims
of the crimes and discrimination, the presumption of guilt must be imposed
on the accused.

2. The case of reservation in promotion, SC candidates have to prove they
are being discriminated. The biased mindset of court in this case court
presumed that governance in India just and equal and it is these SC/ST for
no reason making hue and cry of being discriminated, so let SC/ST prove
that there is discrimination in allocating the seats, the government is
found guilty Supreme Court would think about it.

3. Private sector, judiciary, media, and defense services are holding a
mask of being equal and just toward “Scheduled Caste population”. This mask
needs to be removed at the earliest. Eg. USA defense service has most
successful model of implementation of affirmative action policy, On the
Malay model the private and public corporates, enterprises in India must
have equal representation of Scheduled Castes on the board of directors and
equity ownership; reservation in the private sector remained one of the
forefront issue in past two national elections but it is no where in recent
election campaign. Some countries have Employment Equality Commission and
Education Equality Commission to monitor the cases of discrimination
against marginalized, it can be cases against SC/ST in India.

4. Ninty three percent of the labour composed of the informal sector,
majority of them are untouchables and lower castes,tribes, hardly any
constituency talks about their rights. To appease these masses government
has introduced food security, employment guarantee schemes; but no strong
policy for dignified employment in corporates, no policy on quality
education and healthcare.

5. Who will talk about the elephant in the room, as the leader who can ask
these questions to the authorities will be further be afraid of recent
judgements of “No of the Above” provision for the voters, and the bar to
contest the election if they found guilty of breaking the law. These are
some of the biggest attacks on the vulnerable populations to use the
democratic ladder to fight for the rights of most marginalized. The
advocates for these “benevolent” judgements were People’s Union for Civil
Liberties, Rajinder Sachar and others. These classes of people seem to
represents those who advocated against universal franchise.

6. On cultural front- This year’s vijaya dashami is an important event that
mark 2275th year of Ashoka ‘s conversion to Buddhism (he converted in
262bc). Contrary to the Dr. Ambedkar’s vision of Prabuddha Bharat there are
efforts to take us back to the oppressive ram rajya. One of the most
predominant event this year is the Buddha TV serial telecasted on zee tv
and Doordarshan, this is a similar attempt of Pushyamitra Sungha, Shankara
to destroy teachings of Buddha- please checkhttp://buddhaserial.blogspot.in/
 http://buddhaserial.blogspot.in
It is only in India you can tamper with the teachings of Buddha, and hurt
the sentiments of millions of Buddhist using state machinery. On the other
hand police, judiciary is against freedom of expression of Scheduled Castes
and marginalized when it comes to celebrating our own festivals, a classic
case of EFLU where the students were barred from celebrating Asura
festivals, or Dalit authors are banned from publishing their books.

Total silence by others progressive forces on these issues, Elie Wiesel has
rightly said, ” Opposite of love is not hate; it is indifference.” Are we
living in democratic india or under Bramhanic dictatorship. Beware of the
silent progressive and secular forces acting as a buffer zone who are
lending their shoulders to the oppressive regime to attack “untouchables”
and other marginalized in an “illusionary” nation building process.