STATE CONFERENCE OF DRAVIDAR KAZHAGAM ON SOCIAL JUSTICE

1.  Reservation of 33 per cent for women in the State Assemblies and the Parliament

The Bill to provide reservation for women in the State Assemblies and in the Parliament is still pending to be passed in Parliament since 1996. His Excellency President of India, Thiru Pranab Mukharjee has expressed few days ago, his concern in this matter.

This Conference requests the Central Government to take adequate steps to get this Bill passed without any further delay for providing a reservation of 33 per cent of seats to women, inclusive of the internal-sub reservation. Also requests all political parties to enlist their co-operation. If the Government fails to respond favourably, agitational approach is inevitable.

2.  Conducting the competitive examinations in all languages listed in the Constitution

The competitive examinations conducted by the Union  Public Service Commission and the Public Sector undertakings including the nationalised banks, are at present conducted only in English and in Hindi, which affects very badly the opportunities of employment of the youngsters belonging to the non-Hindi speaking States. As a result, the number of  Hindi – speaking people are over employed in Central Government, Railways and the Public Sector Undertakings, whose mother tongue is Hindi. It is continuously increasing  day by day. As there is a provision in the Civil Service Examinations like I.A.S. and I.P.S. for writing the examination in all the Indian languages (22 languages in VIII Schedule), the youth from the rural areas of Tamil Nadu were able to get success in this examination to a considerable extent. Hence this Conference requests the Government of India to conduct all the Examinations for the recruitment in the Central Government Services in all the languages listed in the Constitution of India.

The need for the creation of  an institute to teach Tamil in Central Government Offices, Railways and Public Sector Undertakings including Banks

Since the people belonging to the States of north India are at present working in large numbers in the Central Government services, Railways and Banks in Tamil Nadu, without knowing local language i.e. Tamil. This Conference requests the Government of India to solve this difficulty. The officers knowing only Hindi language didn’t know even the basics of the Tamil Language. A separate department to be created to spread the use of Tamil language in the Central Government Offices, Railways and Banks and by appointing specialist officers for this purpose. It is needless to remind Government of India, Tamil is a classical language.

3. Remove Creamy Layer

Even after the lapse of 23 years after the implementation of the recommendations of the Mandal Commission providing 27 per cent reservation for the people of the Other Backward Classes and that too only in Central Government jobs, it is a shocking news that the reservation so far provided for the Other Backward Classes in the Central Government Offices, Railways and Public Undertaking including Banks, do not exceed 12 per cent and particularly in some departments, it was only 7 per cent. (This information is obtained under the Right to Information Act.)

Introduction of Creamy Layer for the Backward Classes people is one of the many reasons for this shortfall. This Conference urges the Government of India to remove this condition of Creamy Layer, which is not found anywhere in the Constitution of India.

The National Commission of Backward Classes has expressed its concern in a report tabled before the Parliament that the funds allotted for the education of the Backward Classes people are not properly utilised. The cases of the people of Scheduled Castes and Scheduled Tribes are nonethless the same. This Conference urges the Government of India to publish a white paper in this regard.

4. Recruitments for Central Government

Group: C Posts in Tamil Nadu must be given only to candidates from Tamil Nadu, registered in Employment Exchange
As the recruitment to the posts under Group D in the offices of the Government of India, Railways and Public Sector Undertakings including Banks has been totally stopped, the employment opportunities of the youngsters in the concerned States were badly affected. For the posts under Group C also, opportunities are not provided for the employment of the educated youngsters, who have registered their names in the State – level Employment Exchanges. But applications are being invited at all India level to conduct competitive examinations, only in English and Hindi languages. As a result, the candidates from the States of north India are overwhelmingly getting opportunities of employment in Tamil Nadu. Moreover the present Modi Government at the Centre has announced that hereafter there will be no interview for the recruitment of candidates for the post under the Group C. This has increased the opportunities of the candidates from the States of north India. Due to this, not only the opportunities of the candidates of Tamil Nadu will be affected very badly. This Conference urges the Government of India that in order to alter this anomoly, the candidates, who have registered their names in the Employment Exchanges of Tamil Nadu and who are conversant in Tamil only have to be given in the recruitments made to the posts of Group C and an Act has to be passed in this regard.

5. Giving Constitutional Protection  under the IX Schedule the Scheme of Reservation

Though the system of providing reservation to the Scheduled Castes and the Schedules Tribes has been in force for more than 50 years and to the people of the Other Backward Classes from the year 1993 onwards, this reservation is being implemented only under the orders of the Government. The  tendency of people approaching the court of law, whenever any announcement regarding the reservation is made, has increased. This Conference urges the Government of India to pass an enactment of the reservation to the Scheduled Castes, the Scheduled Tribes and the Other Backward Classes and include it in the IX Schedule of the Constitution of India.  

6. Need for a Constitutional Amendment for reservations in promotions

In a case regarding the Mandal Commission, the Supreme Court of India has decreed in 1992 that the procedure of providing reservations in promotions  to the people of the Scheduled Castes and Tribes, hitherto in vogue, has to be extended only for five more years. Therefore a new section of the Bill under 16(4-A), has been passed in the Parliament in the year 1995 to continue the provision of reservation in promotions to the people of the Scheduled Castes and the Scheduled Tribes without any set time limit. The Supreme Court has now requested the Government of India to make it clear upto which posts the reservations in promotions  to the people of Scheduled Castes and Scheduled Tribes could be given. This has retarded the reservations in promotions particularly in the Banking sector. The Government of India therefore should pass clear orders for reservation in promotions in all the posts to the people of  Scheduled Castes and Scheduled Tribes. Since the representation of the Other Backward Classes people are less than 10 per cent  in the Public Sector Undertakings including Banks, this Conference urges the Government of India to bring Constitutional amendment to provide reservation in promotions to the OBCs also.

7. Implementation of Affirmitive Action in Private Sector

As a result of the new economic policy, privatisation is being encouraged to a great extent by the Government. The personnel mostly affected due to this growing privatisation are of the Scheduled Castes and the Scheduled Tribes and the Other Backward Classes. As there is no provision of reservation in private sector, the opportunities for these people get higher posts is very bleak. The private sector is also enjoying all the concessions given by the Government and therefore the private sector institutions have a social responsibility. Therefore the system of ‘Affirmative Action’, a form of reservation,  is being followed in the United States of America. Similarly, this Conference urges the Government of India to bring a legislation to provide reservation  of  27 per cent, 15 per cent and 7.5 per cent for the people of the Other Backward Classes, the Scheduled Castes and the Scheduled Tribes respectively in the private sector and in the multinational institutions also.

8. Reservation of appointment of Judges in the High Court

The system of reservation is in practice in the posts of the lower judiciary. But there is no system of reservation in the appointment of judges to the High Courts and to the Supreme Court. The presence of the members of the Other Backward Classes, the Scheduled Castes and the Scheduled Tribes in the Judges of High Courts of other States is very meagre excepting in the High Court of Madras. As nearly 400 judges have to be appointed for the Judges in High Courts, this Conference urges the Government of India to bring a legislation to provide reservation to the people belonging to the Other Backward Classes, the Scheduled Castes and the Scheduled Tribes in the appointment of judges in the various High Courts of India.

9. Need for a separate Ministry for the Backward Classes

The funds allotted for the welfare of other Backward Classes is meagre even though they form the majority of the population of our country. This Conference therefore urges the Government of India to create a separate ministry for the development of Backward Classes, instead of making it function under the Ministry of Social Justice and Development.

10. Implementation of recommendations of the Parliamentary Committee formed under
the Chairmanship of Dr.Sudharsana Nachiappan, M.P.

Though the provision of reservation to the Other Backward Classes, the Scheduled Castes and the Scheduled Tribes in education and employment is lawful, they are not being given the maximum percentage of seats or appointments as provided in the statute.  The powerful bureaucracy’s partiality is behind the scene of such sorry State of affairs. This is an offence. It is a pity that though the  Parlimentary Standing Committee headed by Dr.Sudharsana Nachiappan has recommended that such persons should be punished, so far it has not been implemented. This Conference urges the Central Government to implement the recommendations of the Parliamentary Standing Committee headed by Dr.Sudharsana Nachiappan by including penal provision in the Reservation Bill.

11. Constitutional Process to the National Commission for Backward Classes

Though the principle of reservation to the the Other Backward Classes has been accepted and orders have been passed for its implementation, statutory recognition was not given to the National Commission for Backward Classes. This fact, which causes great agony and heartburn for these people, is condemnable. Inspite of the resolutions passed in so many  Conferences, many protests undertaken and the pressure given through  the members of Parliament, the Central Government continues to ignore the demand. The denial and inaction of the Central Government is considered as an affront towards the people of the Other Backward Classes, who form the majority of the population of our country. This Conference therefore urges the Government of India to give Constitutional Powers and Recognition to the National Commission for Backward Classes.

12. Reservation to the people of Minority Communities

This Conference urges the Government of India to bring a Constitutional amendment for the sake of minority communities to get  reservations in admissions to the educational institutions and appointments in Central Government Offices and Institutions in all other States in the line of reservation policy, implemented in Tamil Nadu

13. Enactment of  
‘Right to Appointment Act’

This Conference urges the Government of India to bring a legislation making the Right to Appointment as a fundamental right and implement it, in order to fulfil the aspirations of the large number of educated unemployed people.

14. Withdrawal of the Agreement with the World Trade Organisation

This Conference condemns the signing of the agreement by the Commerce Minister of the Government of India permitting the foreign universities to open their institutions in India, This he did after his participation in the Conference of the World Trade Oganisation. This Conference urges the State Governments to demonstrate their opposition to the signing in an agreement autocratically without consulting them.

This Conference would like to point out that this agreement is against the interests of the crores and crores of people of the Scheduled Castes, the Scheduled Tribes, the Other Backward Classes and Minorities, since the provision of reservation will not be available to them in these foreign universities.

The tendency of boasting about ‘Make in India’ on the one side, opening of the portals of education for foreign universities on the other side, will be against the sovereignty of India and  our socio, cultural and educational  environment. Therefore this Conference urges the Government of India to withdraw  this agreement.

15. Appointment of Commissions of  SC/ST and Backward Classes

a) Since provisions have been made under Article 338 and 340 of the Constitution of India  for the appointment of a commission once in ten years for the people of the Scheduled Castes and the Scheduled Tribes and the Other Backward Classes respectively  and as  ten years have already passed after the formation of previous commissions, this Conference urges the Government of India to appoint these Commissions afresh with such of those members who are actually interested in the principles of Social Justice.

b) This Conference urges the Government of India to implement the other recommendations of the Mandal Commission  made for the economic welfare development also of the people of the Backward Classes since the Mandal Commission had recommended for 27 per cent reservation for the Backward Classes in the admissions to educational institutions and in employment in Government services.

16.  The subject of ‘Education’ should be shifted  from the ‘Concurrent List’
to the ‘State List’

This Conference urges the Government of India to bring the subject of ‘Education’ from the ‘Concurrent List’ to the ‘State List’.  This Conference also urges the State Governments to give pressure to the Central Government to effect this change. This Conference would like to point out that as the subject of Education is now in the ‘Concurrent List’, the interference of the Central Government in matters relating to education is increasing day by day and it is a must that the subject of Education has to find place in the State List. No longer should it be in the Concurrent list.

17. The Scheme of Reservation has to be included in the History Syllabus of
the Academic Curriculum

The concept and details of Social Justice finds a place in the Preamble of the Constitution itself. As our students have to know about the purpose of social justice, the history of struggles undertaken to get it implemented, and about the enactment of the laws in this regard, the history of the Scheme of the Social Justice have to be included in the History syllabus of the academic curriculum

18. No entrance tests for admission into the professional colleges

The present system  now followed for admission into Professional  Educational Institutions  on the basis of marks obtained earlier in the Government Examinations  is the correct system of assessment. Therefore it will be  an insult to the academic bodies to conduct any special entrance tests, and so this Conference urges the Government of India to give up the idea of conducting  a national level entrance test.

Conduct of the ‘Qualifying Test’ by the National Council for Teacher Education (NCTE) has to be given up.

Teachers as per the seniority of their registration in the Employment Exchange offices is the honest method and approach of appointment. These teachers have already passed Higher Secondary School Leaving Certificate Examinations and undergone a two year Teachers Training Courses as a pre-requisite for employment of teachers. Giving up such a honest system of recruitment and the  introduction of a new system of asking them to pass the entrance test conducted by the National Council of Teacher Education (NCTE) is a gross social injustice. Then the question arises what is the purpose and respect for the training they have already undergone for their registration in the Employment Exchanges. Rejecting the candidates, who are waiting for so many years for appointment, after registering their names in the Employment Exchange, can not be accepted under any circumstances. Hence, this Conference urges the Central Government to give up  the new system of conducting entrance test by the NCTE and continue the  old system of appointment of teachers on the basis of their seniority in the registration at the Employment Exchanges.

19. (a) Adverse situations in Institutions of  Higher Learning must be removed

Under the prevailing circumstances, it  proves to be very difficult for the students of both the sexes of the Scheduled Castes, the Scheduled Tribes and the Other Backward Classes to join in Institutions of Higher Learning like IITs, IIMs, AIMSs and Central Universities and come out successfully after completing their courses.

Since these institutions are under the domination of the students of the higher castes, students  of the SCs, STs and OBCs have to face adverse circumstances and  some of them are forced  to commit suicide also.

Hence this Conference urges the Government of India to appoint a committee with educational experts and bonafide persons interested in Social Justice as its members and create a healthy environment in which the students of all communities can persue their education without any difference or discrimination on the basis of  caste or religion thereby removing the barriers created for the education of these oppressed and suppressed people.

b) Withdraw the Sedition Charges,  levelled against the students of JNU,  Delhi and the mainstream
political leaders

This Conference severely condemns the attitude of the Government of India in branding as antinationals,  the students of the Jawaharlal Nehru University, Delhi and their students associations including the suicidal death of Research Scholar Rohith Vemula in the University of Hyderabad. Desirable it is to oppose the views and activities of the ABVP, a students organisation affiliated to the RSS.

The ruling dispensation has stooped to such a level to create a false video clipping to prove that Kanhaiya Kumar, the leader of the Students’ Association, has raised anti-national slogans. He has not actually done so. It shows that these people of Hindutva will go to any extent to punish the people opposed to their views and principles. Charges of anti-nationalist activities  have been filed against  nine people including Rahul Gandhi, Vice President of the AICC, Arvind Kejriwal, the Chief Minister of Delhi, D.Raja of Indian Communist Party for having entered into the campus of the University and for supporting the Students’ agitation under the leadership of Kanhaiya Kumar. This Conference urges the Government of India to withdraw the cases filed against these leaders and students.

c) Need of Reservation in the Appointment of  Teaching Faculties in Central Universities and Higher Studies Institutions

At present, there is no reservation applied in the appointment of Professors, Associate Professors in IITs, IIMs & other Central Universities. Due to this, the representation of OBC, SC & ST communities is very negligible. This conference urges the Ministry of HRD to issue suitable orders to all Central Universities of the Government of India to provide reservation in appointment of Professors and Associate Professors in Central Universities and Higher Studies Educational Institutions.

20. Violent activities of the Hindutva Brigade have to be stopped

The discourse of Hindutva voice is increasing by dividing people on the basis of religion and caste and by instigating and encouraging riots, under the leadership of the BJP, Members of the Parliament, party activists the R.S.S. and members of Sangh Parivar.

Voices telling “we will cut their heads and tongues” are heard loudly and openly. Announcements of cash prizes for those who can cut the head or tongue of  the students expressing contradictory views against the views of the Sangh Parivar are made by the members of the BJP and Sangh Parivar.

The ban imposed for the consumption of beef, according to the principle of the Hindutva,  using the powers of the ruling party cannot be accepted by anybody, as it is counterproductive.

Under the wrong premise that a muslim has eaten beef,  he was lynched to death and to such an extent the ruling party is threatening, encouraging and enforcing communal violence against the people of the minority communities.

Even after the Honourable people occupying the highest Constitutional posts like President and Vice-President of India have pointed out and expressed their concern about the intolerance increasing day by day,  the silence and attitude of the Prime Minister, not taking any notice or expressing any concern in such matters, is encouraging the perpetrators of violence and creating a sense of fear among the people belonging to the minority communities to make them feel unprotected.

This Conference would like to warn that while speaking about the patriotism and nationalism on one side, but indulging  in the activities contrary to these ‘isms’, will make the people  and the country divided and disintegrated into pieces.

This Conference invites all the people  who have a strong belief in the principle of secularism to join together and come forward to thwart the communal agenda of the Central Government.

21. Welfare of the people of
the differenty abled

Any society will be viewed and respected in the manner in which differently abled people are respected, treated and protected and it is the revelation of the social culture of a country.

This Conference urges the Government of India and the State Governments to allocate certain percentage of places for admission into the educational institutions and for the appointment of  the differently abled people and to extend sufficient financial assistance with special care  for their development.

22. Legalising the third sex of  Transgenders (Thirunangais and Thirunambis)

It is a must that apart from denoting the sex of people into males and females, the members belonging to the society of  Thirunangais and  Thirunambis have to be declared legally as people of the third sex  and they must be provided with adequate opportunities by the Government in educational and employment opportunities and they must be made to stand on their own legs.

This Conference urges that the statutory board created for their welfare should be made to function most usefully and effectively. As is being done in the case of the minority people, these transgenders have also to be nominated to the elected bodies of  State Assemblies and the Parliament.

This Conference appeals the  Thirunangais and Thirunambis also to try to enhance their status in society, with the rational thinking by giving up their blind beliefs  and practices of rituals to the deity of Koothandavar.

23.  Statehood for Puducherry

This Conference urges the Government of India to consider the longstanding demand of the people of Puducherry State for an accordance of Statehood instead of being a Union territory.

This Conference also urges the Government of Puducherry to implement the scheme of reservation of 69 per cent in admissions to the educational institutions and in appointments to the posts under the Government of Puducherry

24.  The Central Government  should unveil the Portrait of Periyar in
the Parliament   

This Conference fervently makes an appeal to the Central Government to unveil in Parliament the portrait of Thanthai Periyar, an outstanding Social Reformer  as he  has been honored by the Government of India for having served in India’s freedom struggle, with a citation and a postal stamp and a special postal cover on the occasion of his Birth Centenary, 125th Birthday respectively and with a plaque by the UNESCO. Periyar was a great revolutionary who successfully propagated among the public against caste system and superstition, a leader who outlined his thoughts on the rights of women and a person who was mainly instrumental in bringing the first amendment in Indian Constitution in favour of Social Justice.

Also requesting the Central Government to take early steps to inaugurate a special chair in honour of Thanthai Periyar in all the Universities of India.   

25. Amendment of Sedition, Blasphemy, Conempt of Court, Defamation Laws

Even 69 years after the exit of Britishers as a consequence of our hue and cry that they must leave India, what rules against sedition, contempt of law, they had brought in, are still being maintained by the present Government for their convenience. But the democratic features such as Freedom of speech, Freedom of writing and Freedom of independent thinking have to be ensured. A stage has come in the 21st Century to necessarily review the good old laws such as of sedition, blasphemy, contempt of Court and protection of religious affairs either for amending or revising or abrogating. The Central Government has to deeply consider these points in the light of the recommendations of the National Law Commission.
The Conference has also decided to conduct in this regard, a number of Seminars all over the country including in Delhi after receiving the recommendations of a tripartite

committee consisting of Former Justice, Dr.A.K.Rajan, Justice Thiru.Hari Paranthaman and Senior Advocate and Professor of Law, Thiru.A.Thiagarajan.  

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