SOS e Clarion Of Dalit

November 15, 2007

e – clarion of dalit issue 1

Filed under: dalit human rights — Tags: , — Nagaraja M R @ 1:33 pm

DALIT’S CLARION – Voice Of The Oppressed

Monthly newspaper on web

 

Editor : NAGARAJ.M.R.                           VOL.1  ISSUE.1                                    March 23, 2006

 

EDITORIAL : DALITS IN INDIA

 

             In India , a vast majority of toiling , hard working people , aborigines are treated as outcastes , second class citizens , in their own motherland. In the name of caste , innocent people are  subjugated into slavery in India since centuries. After independence government of India has enacted various laws to remove this inequality not whole heartedly but with a eye on vote politics. Even till date Indian politics is under the firm grip of  forward caste people , who are not willing to give away the reins of power.

              This inequality in society , mass violation of human rights should be opposed in a democratic , non-violent & legal manner. Education of masses is the tool. With this objective DALIT’S CLARION has born on this day. JAI HIND. VANDE MATARAM.

                                                                                                  Your’s sincerely,

                                                                                                   Nagaraj.M.R.

 

                                                           DECLARATION

 

Name of publication      :  DALIT’S CLARION

 

Periodicity                      : monthly

 

Language                        : English

 

Cost                                 : for free distribution on web only

 

Name & address of the editor , publisher , printer & owner  :  NAGARAJ.M.R. # EWS 190 HUDCO 3RD STAGE HEBBAL MYSORE – 570016 INDIA

 

Ownership                        : sole proprietorship ( 100% owned by nagaraj.M.R. )

 

CITIZENSHIP                  : INDIAN

 

DONATIONS                   : NOT ACCEPTED

 

Objectives                 : 1. to popularize baba sahib Dr.B.R.AMBEDKAR’S teachings

                                    2. to provide a forum for all the oppressed to air their grievances

                                    3. to bring the case of injustices to the notice of authorities & fellow human beings

 

                      I, NAGARAJ.M.R. do hereby declare that I nor my publication is not associated with any foreign organizations nor do we receive any funds from any body. I am publishing this news paper as a fundamental duty of an Indian citizen TO PROTECT THE FUNDAMENTAL & HUMAN RIGHTS OF HIS FELLOW INDIAN CITIZENS. Jai Hind. Vande Mataram.

 

                                                                                                                   Your’s sincerely,

                                                                                                                    Nagaraj.M.R.

 

 

 

 

To:  The Hon’ble President and Prime Minister of India , government of India , new delhi

A judiciary-headed (The Chairman was a former Chief Justice of India), judiciary-heavy (six of the eleven members, including the Chairman, were from the legal profession) National Commission to the Review of the Working of the Constitution has observed the following:

‘Judicial system has not been able to meet even the modest expectations of the society. Its delays and costs are frustrating, its processes slow and uncertain. People are pushed to seek recourse to extra-legal methods for relief. Trial system both on the civil and criminal side has utterly broken down.’

Also, ‘Thus we have arrived at a situation in the judicial administration where courts are deemed to exist for judges and lawyers and not for the public seeking justice’.

However, no recommendation has been made to effectively tackle this. The two suggestions that have been made are really disastrous. This is what Dr Subash Kashyap (one of the five non-judicial members of the Commission and a former Secretary General of the Lok Sabha) has recorded in his Notes (to the report of the Commission):

Attention is also invited to the decision taken by the Commission at its 14th Meeting held on 14-18 December, 2001. Para 16 of the minutes records that “There shall be a National Judicial Commission for making recommendation as to the appointment of a Judge of the Supreme Court (other than the Chief Justice of India), a Chief Justice of a High Court and a Judge of any High Court.”

“The composition of the National Judicial Commission would be as under:

a) The Vice-President of India
b) The Chief Justice of India
c) Two senior-most Judges of the Supreme Court, next to the Chief Justice
d) The Union Minister for Law & Justice.”

However the composition of the NJC as recommended by the Commission in its Final Report is:

The National Judicial Commission for appointment of judges of the Supreme Court shall comprise of:

(1) The Chief Justice of India :Chairman
(2) Two senior most judges of the Supreme Court : Member
(3) The Union Minister for Law and Justice : Member
(4) One eminent person nominated by the President
after consulting the Chief Justice of India : Member

Further, this is what the Commission has recommended on dealing with guilty judges:

In appropriate cases the Chief Justice of the High Court or the Chief Justice of India, may withhold judicial work from the judge concerned after the inquiry committee records a finding against the judge.
In serious cases, `if the decision of the said committee of (seven) judges recommends the removal of the Judge, it shall be a convention that the judge promptly demits office himself. If he fails to do so, the matter will be processed for being placed before Parliament in accordance with articles 124(4) and 217(1) Proviso (b).’

This is what Dr Subash Kashyap has finally recorded in his Notes to the Report:
`The Chapter 7 of the Report is titled `The Judiciary’. This chapter particularly is seriously flawed and distorted. The much needed Judicial Reform issues have not been even touched or these got deleted in the final draft. In matters like appointment of judges, the approach in the final chapter is heavily and unconstitutionally weighed in favour of the judges themselves selecting their own colleagues thereby striking at the legitimate powers of the Executive and the Parliament and disturbing the delicate balance in the polity.’

Under the circumstances, I appeal to the Hon’ble President of India, the Prime Minister and distinguished Representatives of the People to kindly constitute a National Judicial Commission to try and punish guilty judges as under:

The Commission should have powers to receive complaints against judges from any citizen of this country.

The Commission should have judicial powers but should have only one member from the legal profession as in army court-martials.

The Commission should have total powers and resources to investigate the allegations independently.

The Judge against whom allegation have been made should be deemed suspended once investigations have been initiated.

The trial should be concluded within three months of initiating the investigations.

The punishment should be deterrent. It should have atleast twice the severity as would be applicable for a non-legal person convicted for the same offences.

The only appeal permitted should be to the President of India who will dispose it off on the advice of the Vice-President, PM, Speaker of the Lok Sabha and the Leaders of the Opposition in Lok Sabha and Rajay Sabha.


Sincerely,

Nagaraj.M.R.

 

Edited , printed , published & owned by NAGARAJ.M.R. @ EWS 190 HUDCO 3RD STAGE , HEBBAL MYSORE – 570016 INDIA                                                          E-MAIL : naghrw@yahoo.com              

 Homepage :http://in.groups.yahoo.com/group/dalitclarion
A member of AMNESTY INTERNATIONAL INDIA

dalit1

Advertisements

Leave a Comment »

No comments yet.

RSS feed for comments on this post. TrackBack URI

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

Blog at WordPress.com.

%d bloggers like this: