Determining backwardness

Sometimes political mobilisation and not socio-educational backwardness decides the distribution of the benefits of reservation for specific communities in education and jobs. While striking down the inclusion of Jats in the Central list of Other Backward Classes (OBC), the Supreme Court voiced its opposition to the State’s tendency to go by the “perception of the self-proclaimed socially backward class” in deciding the beneficiaries of reservation quotas. The Jats spread across nine States are relatively more prosperous than many other communities in northern India but they used their numerical superiority to influence and pressure the government into including them in the OBC quota. The state should not be influenced by political considerations and it must exercise great care in identifying emerging forms of backwardness. Past mistakes or “wrong inclusions” in the reservation list, according to the judgment, could not be the basis for further additions. However, the court was careful not to dismiss any change to the list of OBCs. On the contrary, Justice Ranjan Gogoi who wrote the judgment directed the government to recognise emerging socially and educationally backward groups such as transgenders, who are among the most distressed, for the grant of reservation benefits. The judgment is thus important not only for its articulation of the rationale for identifying the groups that need to be kept out of the reservation system — politically dominant and economically prosperous caste groups — but also for its support for the inclusion of heavily disadvantaged groups such as transgenders, who cannot ordinarily be classified as a social class.

Closely linked to the setting of norms for identifying new groups for reservation benefits is the court’s downplaying of the importance of caste in deciding reservation benefits. While caste was indeed a prominent reason for historical injustice in the country, it could not be the sole decider of backwardness of a class. Instead, new practices, methods and yardsticks would have to be continuously evolved moving away from the caste-centric definition of backwardness, the court ruled. Surely, the fact that the previous United Progressive Alliance government notified the reservation for Jats despite advice to the contrary from the National Commission for Backward Classes played no small part in counter-posing historical injustice to emerging forms of backwardness in a changing society. But the question that arises is about the exclusion of castes and social groups already in the reservation list in a continuously evolving society. The court might have left a small opening for revisiting the whole list of reservation beneficiaries in the light of new socio-economic realities.

Keywords: Other Backward Classes, Supreme Court, Jats, reservation benefits

Vedanta - Follow Your Own Religion

ISHAN CHAUDHURI





With spring upon us, and while listening to Reba Muhury's ecstatic rendition of Meera's bhajan, `Mohe lagi lagan guru charanan ki...,' something parted within me.As Muhury's voice pleaded with power -yes, pleading can be imbued with power if it conjures up the thing that lies at the heart of all human yearning -`I am wedded to my Guru's feet I can feel nothing except your feet All the world seems to me to be a dream' -it became clear that all of us contain our own religion, our own psychological architecture by which we engage with the world and within other parts of our own thought process.
It is pleasant and reassuring to have faith in something or someone. But far more secu re and close is if one cons tructs one's one-faith sys tem. Being a single follow er of a religion-of-one might not seem to provide the comforts of camaraderie or belonging that organised religion may provide.
But creating one's own custom-made religion has its own strengths. For one, being organic, it can be ever-updated primed to maximise one's existence in this sensory world.Literature and the utterings of other religions can be consumed to constantly keep stirring that personalised faith of whom you are the centre and the periphery , the subject and the object, the observer and the participant.
Meera's faith may seem familiar to us in the larger world of the worship of Krishna. But lost in her own making of Krishna worship, it was solely her religion. As is mine while listening to Reba Muhury singing, `Mohe lagi lagan guru charanan ki...' on a spring morning.

Reinvent Reservation





Affirmative action must go beyond caste and factor in economic backwardness

The Supreme Court's decision to strike down reservations for the Jat community by inclusion in the central list of Other Back ward Classes lays bare the deplorable vote bank politics that successive governments have indulged in. It will be recalled that the previous UPA government had granted OBC status to Jats on the eve of 2014 Lok Sabha elections. Subsequently, the NDA government defended the decision in the apex court. Describing the policy as a reflection of negative and retrograde governance, the Supreme Court has asserted that caste alone can't be the criterion for determining backwardness.There's no denying that the reservation policy has been distorted far beyond its original intention. What was supposed to be a temporary tool to uplift the weakest sections of society has seen an increasing number of castes join the quota bandwagon. The floodgates were opened by the Mandal Commission. It triggered a curious race to the bottom with several socially privileged groups such as the Jats demanding reservations on the basis of perceived historical disadvantages. Recall the absurd case in 2007 of the Gujjars demanding Scheduled Tribe status in Rajasthan even though they were already classified as OBC.
Unfortunately, all political parties have tried to further their respective political agendas by promising reser vations to different groups and slicing the quota pie progressively thinner. But if reservations truly worked, logic demands that at least a few communities wouldn't need quotas after decades of reservations.However, as pointed out by the apex court, there have been no exclusions from the OBC list despite overall development in the country.In reality reservations have only created a privileged creamy layer within beneficiary communities.
It's welcome that the Supreme Court has urged the government to devise better methods to determine backwardness. Affirmative action cannot be blind to present-day realities. Though in many cases caste overlaps with social backwardness, there's a need to invert today's approach and consider factors such as economic backwardness. This will automatically factor in caste disadvantages, as the poorest tend to belong to lower castes, while also keeping out the creamy layer. Instead of the extensive slicing and dicing of the electorate that goes on today to serve political interests ­ at the cost of sparking caste antagonisms and entrenching the caste system ­ a neat and elegant solution is to make economic backwardness the primary criterion for affirmative action.

Reflections of a Socialist Feminist

Saturday 14 March 2015, by Nandita Haksar

The following article was written for Mainstream on the occasion of the International Women’s Day (March 8) but could not be used earlier as it reached us late.
I was sitting with a migrant worker from Manipur and played the song ‘Bread and Roses’ to her. The images with the song were of women fighting for an eight-hour day. I asked how she liked the song; but she had been watching the images and asked: “Did the women get an eight- hour day?” “Yes, at the time they did.” “But I work a twelve-hour shift and we do not have a union to take up our cause.” She is just one of the hundreds of thousands of migrant workers who are working without any protection of the existing labour laws and have no organisation to fight for their rights. They do not have any idea about the origins of the International Women’s Day.
I still remember March 8 in the early 1980s. I do not remember the exact year but I had just started practice in the Supreme Court. I had decided to join in the celebrations with my women friends in Kutsia Park in Old Delhi but the problem was that my client, a young doctor from Andhra Pradesh, was with me. He was wanted in a serious case for helping a top Naxalite leader escape the jail and his bail petition was to come up later that day.
I did not want to risk letting him wait for me in the Court while I went for the celebration because the notorious Andhra Police were in town. So I took him along to the Park and made him promise to make himself invisible behind a tree.
I ran off to join more than a hundred women, mostly from the various slums in Delhi and some middle class activists. We had a drum and we sang and danced. It was one of the very few occasions I let go and danced with abandon. Then I went and picked up my comrade from behind the tree and went to Court and got him bail.
My heart was with the women shouting “hum Bharat ki Naari hain; phool nahin chingari hain” but my head was with the comrade who was fighting to change the world and I shouted as lustily: “Agar koi swarg hai to utaar la zamin par”, the swarg being the heaven of socialism. I did not stop to ask why there was a growing abyss between the feminists and Communists. After all, the historical origins of the International Women’s Day lay firmly and deeply in the Socialist movement.
Perhaps Uncle Nikhil sensed that I was troubled by the seeming contradiction between my commitment to socialism and being a woman. It was in the early seventies, when he took my classes at his home in Kaka Nagar trying to teach me the history of communism and instilling the Marxist methodology. On one of my birthdays he presented me a volume of writings by socialists brought out by New Masses. He marked one particular page for me in his tiny, precise writing.
I turned to the page: it was a poem called: ‘To a revolutionary girl’ by Maxwell Bodenheim. My favourite lines were:

You are a girl,

A revolutionist, a worker

Sworn to give the last, undaunted jerk

Of your body and every atom

Of your mind and heart

To every other worker

In the slow, hard fight

That leads to barricade, to victory

Against the ruling swine.

Yet, in the softer regions of your heart,

The shut-off, personal, illogical

Disturbance of your mind,

You long for crumpled ‘kerchiefs, notes

Of nonsense understood

Only by a lover.

Long for colors on your dresses,

Ribboned sleeves, unnecessary buttons

Bits of laughter chased and never

Dying: challenge of a hat

Buoyant over hair.

Youth and sex, distinctions

Still unmarred by centuries of pain,

Will not be downed, survive

In spite of hunger, strikes, and riot-guns,

Sternness in the ranks.

We frown upon your sensitive demands:

We do not like romance…..

But Uncle Nikhil did not understand that I was not disturbed because I could not find time to romance but I did not seek dresses, unnecessary buttons but equality in relationships; I was struggling to define myself as a person in my own right, not be known as a wife or a mother or a girlfriend... But I did think it was a huge compliment to be thought of as a revolutionary.
It was precisely because of this patronising attitude that many of us, socialists, left the Socialist, Communist political parties to find a place in the emerging feminist movement.
The first International Women’s Day organised by the autonomous women was in 1979 and the issue we chose to focus was Rape. It was a time when I could not even utter the word out aloud and the fear of rape lay deep down in my heart all the time I travelled at night through Delhi’s streets.
Just the idea that we were going to talk about rape out in the open and even bring out a magazine called Manushi with its first issue on Rape was thrilling. The idea of focusing on the issue of rape was from feminists who were excited after reading a newly published book by a Western feminist, Susan Brownmiller. The book was called Against Our Will. The most quoted passage from the book is:
“Man’s discovery that his genitalia could serve as a weapon to generate fear must rank as one of the most important discoveries of prehistoric times along with the use of fire and the first crude stone axe. From prehistoric times to the present, I believe that rape has played a critical function. It is nothing more or less than a conscious process of intimidation by which all men keep all women in a state of fear.”
The words struck a chord deep in our hearts because we knew there was a truth in them we all felt even if we could never had articulated it in such clear terms.
But even when we took up the issue of rape the cases we focused on were rapes of poor and marginalised sections of society: tribal girls, prostituted women, landless labourers and women belonging to the minorities.
The movement in those early days was dominated by socialist feminists and they tried to link the struggles against oppression of women and class exploitation. They argued that patriarchy and class are interlinked in many ways.
Some of the early feminists even contacted the legendary trade union leader, A.K. Roy, and asked him to support them but he was horrified: how could he, a leader of the working class, take up the issue of rape!
By this time the contradiction between socialism and feminism had begun to tear me apart. I read about the debates Lenin had with women comrades who wanted to take up issues such as love, prostitution and again Uncle Nikhil presented me with the text of the debates in which Lenin describes the theory of love as a glass of water idea of love.
But by then I had given up on the idea of finding equality and dignity in love and put my heart and soul into human rights work.
Again and again my work as a human rights activist came into direct conflict with the feminists. The feminists focused on the violence within the family and the community and therefore demanded that State protect women from the family and the community. My own book called Demystification of Law for Women focuses attention on Family and Religion as the two sites of women’s oppression.
But my work in the human rights movement was entirely on the ways the State violated the human rights of the poor and the family and community was the only protection against the State.
Indian feminists started focusing exclusively on the issue of violence against women: from murder due to dowry, rape, domestic violence and later on sexual harassment in the work place. Then I did not realise that the seventies was the very time the International Women’s Day was appropriated by the West and made into a weapon for cultural domination and even to justify wars.
  In fact Violence Against Women has become the main focus of international attention ever since the United Nations and Western countries endorsed the idea of celebrating March 8 as the International Women’s Day in 1976. In 1993 the United Nations passed a Declaration on the Elimination of Violence Against Women and  next appointed a Special Rapporteur to monitor the problem the world over. It was the first time in history that the world recognised the need to address a problem called violence against women.
Since then the United Nations has addressed different aspects of violence against women: from domestic violence to women in conflict areas. It has also created a special fund to help NGOs working in the area of violence against women.
The United Nations Declaration defines violence against women to include:
(a) physical, sexual and psychological violence occurring in the family, including battering, sexual abuse of female children in the house-hold, dowry-related violence, marital rape, female genital mutilation, and other traditional practices harmful to women, non-spousal violence and violence related to exploitation;
(b) physical, sexual and psychological violence, occurring within the general community, including rape, sexual abuse and sexual harassment and intimidation at work, in educational institutions and elsewhere, traficking in women and forced prostitution;
(c) physical, sexual and psychological violence perpetrated or condoned by the State, wherever it occurs.
In other words, violence against women within the family, community or State are recognised. But violence against women by the corporates is not even mentioned in definition.
Although women in all parts of the world have taken up cudgels against the transnational corporations, the Indian feminists have seldom focused on the violence against women by corporations.
The 16-point agenda outlined by the UN Women Executive Director to eliminate violence against women are all addressed to the State as the primary institution which must protect women and it has the means to do so.
The widespread violence against women has outraged Indian citizens; it has led to increa-singly urgent demands for actions: the demand for rapists to be hanged; lawyers who express their repugnant views to be deprived of their licence to practice; banning films; the demand for stricter laws for juveniles accused of crimes against women... even if all the journalists, lawyers, judges, politicians and godmen respon-sible for crimes against women are in jail the world will not be a safer place for us, any of us.
Because these criminals are being produced by a system and it will produce them much faster than we can ever hope to jail these men (and yes, women too) for crimes against women.
The demands for stricter punishments, change in the laws of evidence, bans and curbs of speech, death penalty, more prisons, more lock-ups and more police, more security and more CCTV cameras will only strengthen the State which is responsible for the rise in crimes.
The problem is that liberal and radical feminists have an understanding of power relations but no critique of the State.
And then I heard of the barbaric act committed by the Naga mob in Dimapur. The fact was that the man accused of the rape (as yet far from proven) was attacked not because the mob had any concern for the plight of a woman. It was a way to vent their anger against the outsiders, especially since the man in question was an outsider, a non-Naga and a non-Christian.
There were no protests in Dimapur when the Nagaland Police arrested a man from Bihar for cyber crime against a Naga woman student. It was the first such case in the State. But there were no outrage against the man and he got away with a light sentence; the policeman who arrested the cyber criminal was given an award but the Naga woman lives with the nightmare that refuses to go away.
There was almost no protest in Nagaland or Naga areas of Manipur when a Naga women’s organisation rescued more than 50 children from a Jaipur children’s home run by a Pastor from Kerala, Jacob John. A Naga lawyer even threatened to file a case against the Naga woman whose crusade led to the arrest. The man is in jail in Dimapur. The man stands accused of raping, sexually abusing Naga children in his custody sent by parents in the hope of getting their children a decent education.
The Nagas will have to answer: how a people who call their State a Christian State can allow such dehumanisation? Has this to do in part with the growing fundamentalism in the society?
Why do so many issues get mixed up in every discussion when we talk about crimes against women? Just when we were discussing the merits of ‘India’s Daughter’, a documentary film, the BJP raised the issue that BBC was trying to defame India.
Whether BBC is biased against India or not is a much larger issue and perhaps needs to be discussed and debated. But till ‘India’s Daughter’ was banned no one raised the issue of BBC’s bias. There are many organisations and activists who have raised the issue of BBC’s biased reporting, whether it is the Palestinians or people of colour. Indira Gandhi even threw out BBC at one time but the BJP leaders, who were voicing this sentiment, had no evidence of BBC’s bias or otherwise. They were just inciting xenophobia.
As a human rights lawyer, I have so often written and taught that prisons should be abolished; that till the time we have prisons they should be institutions for reform, not retribution.
Feminists and other citizens have been crying out for revenge; but can revenge make us any more secure?
A journal of psychology says Justice is legally and ethically defined and is about righting a wrong that most members of society (as opposed to simply the victim) would agree is morally culpable. And the presumably unbiased (that is, unemotional) moral rightness of such justice is based on cultural or community standards of fairness and equity. Whereas revenge has a certain selfish quality to it.
There are complex debates on restorative justice versus retributive justice even in cases of crimes against women.
But we have not even begun that conver-sation. The reason seems to be that the people who are dominating the conversations about violence against women have no vision of an alternative society. For them, the only solution is here and now; it is revenge, not justice.
The USA and its allies have hijacked an important part of the feminist movement to justify the invasion of Afghanistan and are using it to fuel Islamophobia. The irony is that the West has an alliance with the Islamists and they also have a War Against Terror in which the prime target are the Muslims. Muslim women have the most difficult task of fighting both imperialism and fundamentalism. They have also have to fight the imperialist feminists.
The more I think about the meaning and relevance of the International Women’s Day, the more I think of the women in the early years of the last century who said they were fighting for bread but they were fighting for roses too. We must not let the history of the Day be obliterated from the memories of women. The vision of socialism is as relevant now as it was when it was articulated.

National body to formulate standards for forest certification

After years of disagreement between the government and non-government stakeholders, the country is a step closer to having its own national forest certification system in place. On March 16, representatives of forest-based industries, non-profits, forest auditors and government forest departments launched a body called Network for Certification & Conservation of Forests (NCCF).  The body will now set standards for certifying India’s forests and their products, with an aim to ensure their sustainable management.

Forest certification is a market-based mechanism which ensures that domestic forest produce commands better price in the global market, while encouraging sustainable harvesting of forests in the country. Over 430 million hectare (ha) forests worldwide have been certified against the internationally recognised standards for sustainable forest management. Regulations from developed countries—which include Lacey Amendment Act, 2008 (USA); European Union Timber Regulation (EUTR); Illegal Logging Prohibition Act, 2011 (Australia)—have put a ban on timber and timber products from unknown sources to avoid illegal felling. Majorly, this has fuelled the need for forest certification in the recent past. Besides, certification leads to better management of forest resources by promoting responsible trade in forestry.

Urgency to protect forests missing
India, however, has made little progress in forest certification. Of the total 78.92 million ha forest and tree cover in the country, only 0.8 million ha of forests has been certified so far. The total supply of certified wood in India is less than 10 per cent of the total demand. The major reason for little progress has been the government’s reluctance to subject the forests managed by it to an independent and third party scrutiny. Unlike in European or Latin American countries where majority of the forests are private or community owned, in India most of the forests are administered by the government.

“The attitude of the Union Ministry of Environment, Forests & Climate Change (MoEF&CC) reflects that the government thinks that forests do not need any certification for their management,” an official in the ministry had told Down To Earth. This is the reason why even a plan to establish a government-sponsored forest certification council, which was about to get through four years ago, has not seen the light of the day till today. “The reason for forest certification not picking up even in private forests in India is that the unified criteria established by the renowned global certification body do not go well with the Indian conditions. Also, the process of getting certified by these bodies is very expensive,” added K K Singh, chairman of NCCF.

To overcome this problem, the non-government actors in forestry have come together to establish India’s own certification standards. The standards will be evaluated and endorsed by the global forest certification body Programme for the Endorsement of Forest Certification (PEFC). PEFC, instead of prescribing a single set of standards for sustainable forest management, helps countries build their own specific standards and provides its certification endorsement to the forests based on these standards. For certification, the forests will be evaluated by independent accredited forest auditors. Based on the audit report, the NCCF and PEFC will provide the certification together.

A gap that needs attention
Though MoEF&CC has endorsed the NCCF by putting two of its officials as its board members, it is unlikely that many of the government forests will be subjected to scrutiny for certification. However, NCCF members are hopeful that once the standards are established, at least the private plantations will embrace the certification mechanism. “The price of certification can easily be offset by the premium the producer would get on the certified products. Once there is enough domestic demand for certified products and the government realises the value of certification, I hope even the government forests will be certified in large extent. This will be a major step in combating the climate change,” added the NCCF chairman. 

Books are 'treasure' forever: Dr. Jitendra Singh 

New Delhi: The Union Minister of State (Independent Charge) of the Ministry of Development of Northeastern Region (DoNER), MoS PMO, Personnel, Public Grievances, Pensions, Atomic Energy and Space, Dr. Jitendra Singh, who is himself an accomplished author of eight books and over 4000 published articles besides several chapters in leading textbooks of Medicine, said here today, that even when soap operas and celluloid fictions tend to fade away in the oblivion of ever-changing times, books are a "treasure" forever and a well written book survives longer than its author and, in fact, also immortalizes its author for the generations to come. 

Delivering the inaugural address at the first India Public Libraries Conference (IPLC) 2015, Dr. Jitendra Singh said, the unique viability of well written literature reflects in the fact that when kings, monarchs and rulers get either forgotten or get reduced to the footnotes of history books, a well written word survives and so also, through it survives its creator. Citing several examples he said, even when successive generations tend to forget the great emperors and rulers of contemporary India, it is litterateurs like Rabindranath Tagore, Munshi Premchand and Sadat Hasan Montu who stand out as the "signature tunes" of 19th and 20th century India. 

Bemoaning the dwindling habit of book reading ever since the advent of hi-tech internet and social media, Dr. Jitendra Singh said, in the past also there have been several phases when alternative means of narration seemed to take over the “written word” but eventually it was the printed word in the pages of books, journals and documents which outlived everything else and therefore, he said, without feeling discouraged, the connoisseurs of book reading should not give up their sustained effort to nurture the habit by promoting book libraries and by encouraging others to spend value time in the sublime environs of these libraries. 

Calling upon the participants in the conference to update the library network through modern digital and technical means, Dr. Jitendra Singh expressed the hope that in strife-torn times like this, a renewed endeavor to promote public libraries will ultimately take over as an important instrument for “social inclusion” and untainted harmony for a society as diverse as ours. 

Vedanta - Body, Mind and Soul





BAHÁ'Í PERSPECTIVEWe have three aspects of our humanness: body, mind and an immortal identity -soul or spirit. The mind forms a link between the soul and body , and they impact each other. In existence, there is nothing so important as spirit, the meeting between man and the Divine; the animus of human life and the collective centre of all human virtues; the cause of the illumination of this world.
Certainly , there is a reality that is not the physical body .Sometimes, the body becomes weak, but reality is in its own normal state. The body goes to sleep, becomes as one dead; but reality is moving about, comprehending things, expressing them and is even conscious of itself.
Inner reality is the ethereal form that corresponds to the body . This is the conscious reality that discovers the inner meaning of things, for, the outer body of man does not discover anything.
The inner ethereal reality grasps the mysteries of existence, discovers scientific truths and indicates their technical application. It discovers electricity , invents the telegraph, telephone and opens the door to the world of arts.
If the outer material body did this, other animals would, likewise, be able to make scientific and wonderful discoveries, for, the animal shares with man all physical powers and limitations.
What, then, is that power that penetrates the realities of existence and that is not to be found in the animal? It is inner reality that comprehends things, throws light on the mysteries of life and being, unseals mysteries.