Showing posts with label Supreme Court. Show all posts
Showing posts with label Supreme Court. Show all posts

Wednesday, September 05, 2012

Legal/political intervention is a must!

The term ‘Dalit’ is unconstitutional as per Article 341. But the usage can still be seen across the country. Legal/political intervention is a must!

To a point in 2008 in Chhattisgarh, when finally the state government ordered the district collectors and its departments to immediately stop the usage of the Dalit term in their documents. This was done after an elongated series of requests made by the National Commission for Backward Classes. The reference point for this request is irrefutable and even shocking. The Commission proved that the usage of the term Dalit was unconstitutional. The Constitution defines this specific class (of Dalits, if we may) under the well documented Scheduled Caste (SC) category; this is as per Article 341 of the Constitution. Only the President of India, as per Constitution, can include any new term to address the SC category. In short, the term Dalit does not exist in the Constitution; and for specific reasons we have mentioned.

Post Chhattisgarh government’s move, the Dakshina Kannada district police officials in Mangalore also decided to avoid the usage of such a clearly pejorative term. Mangalore, which had been particularly infamous for its discrimination, showed this rare understanding that went against the convention.

Now, a similar course is being experienced by the term ‘Harijan’. As recently as in August 2010, the Parliamentary Committee asked the government to stop the use of the Harijan term – which has been alternatively used for Dalits; and in fact was introduced by Mahatma Gandhi himself. The committee argued that the term is deprecating the status of the underprivileged sections of society. As per the committee, the ministry had previously issued a circular in 1982 asking the state governments and Union Territory administrations to issue instructions to the concerned authorities not to use the word Harijan in scheduled caste certificates.

However, given current blatant usage of both the terms – Dalit and Harijan – across India, these examples are aberrations at best. American constitutional laws, re-modelled during the reconstruction period after the Civil War, had provisions to protect freed black American slaves. The US government has also previously banned the Negro term, and made the usage of the term a punishable offence (of course, till the time Obama identified himself comfortably as being a Negro).

Recently, the United Nations Human Rights Council’s (UNHRC) declared discrimination based on the caste system as a human-rights abuse. But surprisingly, the Indian government is trying to get the word ‘caste’ removed from this UN draft. To the contrary, the UNHRC is now even considering ratifying a draft recognizing the persecution of Dalits worldwide.

In this scenario where political will is found wanting, the legal will needs to be strengthened. The Supreme Court should declare the usage of the term Dalit a nationwide offence. Closing this dark chapter of history is critically important; and it has already been delayed by a long and painful 63 years since Independence.


Posted by at 10:15 AM
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Friday, August 24, 2012

WHO FEAR LOSING THEIR LAND AND LIVELIHOOD

RELIANCE’S SEZ PLANS AT RAIGAD ARE YET TO RECEIVE SUPPORT FROM THE FARMERS THERE, WHO FEAR LOSING THEIR LAND AND LIVELIHOOD. APPRARENTLY, THERE IS A SERIOUS CRISIS OF CONFIDENCE

In addition, various public meetings from the tehsil level to the central level have been held to help people understand the adverse impact of the SEZ. Anti-Reliance SEZ activists include several trade unions and 11 political parties. Also, several organisations including Jagtikikikaran Virodhi Kruti Samiti, Peasant Workers Party, et al have also vehemently opposed the project. By October 2006, nearly 14% of the total land was acquired and there has been no further extension since. Moreover, of the 50,000 families spread across 45 villages, notices were served to 28,000 families, who were owners of the land. The remaining land were owned by money lenders, agricultural labourers working on salt pans and traditional artisans dependent on agriculture. As part of the Reliance SEZ rules, only farmers, who have clear title of the land get compensation. Later, as many as 96% farmers rejected RIL’s SEZ proposal. Speaking to one of the villagers, B&E learnt that the land being acquired by RIL was one of the most fertile lands of the district. Of the 45 villages, 22 villages within the SEZ area come under the command area of Hetavane project.

One group had moved the High Court and Supreme Court against this acquisition process and the SEZ Act. The allegation is that RIL has been unable to fulfil promises with respect to its plants in Raigad. For instance, IPCL was taken over by Reliance 25 years back, but villagers there say they are still deprived of their jobs. As on date, RIL still awaits approval to bid for further land.

In fact, there are several dimensions for SEZs as far as the principle concept is based, which need to be taken into account. N. D. Patil, president, Jagatikikikaran Virodhi Kruti Samiti, points out, for instance, “Reliance had declared a 9,000-acre aerodrome project at Pune which is quite huge when compared to any international aerodrome project.” In fact, there is a proposal to scrap the SEZ act and post the Direct Tax Code implementation, the entire economic rationale behind SEZs has become questionable. The debate rages on...



Posted by at 9:57 AM
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Monday, August 20, 2012

Is IRDA fulfilling the duties of a regulator?

Would IRDA have fought with as much vivacious eagerness to better the state of the insurance industry as it is doing with respect to the current ULIP-controversy? Is IRDA fulfilling the duties of a regulator? by Vareen Gadhoke Ray

In 2009, a dismal figure of three new brokers got the license. And this year? Zero till date. On another front, government owned general insurance companies, at the abovementioned low penetration levels, are still suffering huge underwriting losses in the non-life sector, especially in motor insurance claims (companies like New India Assurance – India’s largest general insurer – have underwriting losses that now are 117% of even the premium collected; all general insurers together had 137% losses!). The reason? IRDA has put an iron-hold cap on motor premiums, forcing an administered premium regime (this at a time when premiums in fire, marine, aviation etc have already been left to market forces).

While IRDA refuses to look into the matter ostensibly to support the insured civilian, IRDA refuses to take action on the other hand when insurers flatly refuse to reimburse, quoting myriad contractual issues. For example, in May 2008, a Supreme Court judgement clarified that not even one health claim should be rejected due to the “pre-existing disease” clause. In the same year, 90% of rejected health claims were done so under the “pre existing diseases” clause. Is IRDA worried in a similar manner as it is currently while it protects the interests of 14 ULIP ‘sellers’? Clearly not. Over 91 lakh pure insurance policies (not including ULIPs) aggregating over Rs.100,000 crores lapsed during the year 2009. Is IRDA conducting a research on why these phenomena are occurring and how to help disadvantaged consumers? Till date, IRDA does not have a grievance management system for redressal of complaints. It says it has a “web based system.” Who can access it? Only IRDA personnel. What it perhaps is more concerned with is keeping its finances intact. The Comptroller and Auditor General pulled it up in May 2010 for clandestinely keeping its finances in independent bank accounts out of the purview of the government.

J. Hari Narayan, Chairman, IRDA, told B&E last year, “The honeymoon period is over for the insurance sector.” One guesses the same goes for IRDA too, and it’s about time it starts acting like a professional body instead of basking in glory that was never rightfully earned.




Posted by at 10:06 AM
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