It needs examination if the order passed by the State Human Right Commission in the case of Gayatri Panda-Vrs-Maheswar Mohanty is invalid in law ?
Clause (2) of Section 21 of the Protection of Human Rights Act. 1993 provides that the State Commission shall consist of 4 members and a Chairperson the total number
being 5.
The OHRC was constituted with 2 members and a Chairperson the
total number being 3. An odd number was maintained as per the
legislative intention that in case of difference amongst the members, a
matter can be decided as per majority view.
In the case of Gayatri Panda Vrs Maheswar Mohanty the OHRC
comprising of 3 members, namely, Justice Shri R.K. Patra, the
Chairperson; Shri H. Mohapatra, Member; and Shri S.M. Patnaik, Retd.
I.A.S, Member took cognisance of Human Right violation suo motu on
9.4.2008. On 4.6.2008 the Commission comprising 3 members examined and
discharged Gayatri Panda. The Secretary, Chief Marshal,Security Officer
of the OLA were also examined and discharged.
One of the members of the Commission Shri S.M. Patnaik retired
on 13.07.2008 and thereafter the Commission held sittings with two
members, namely, the Chairperson Justice Shri Patra and the Member Shri
H. Mohapatra.
The 2 member Commission examined Maheswar Mohanty on
22.7.2008, heard arguments on 2.8.2008 and passed order on 7.8.2008. The
enquiry having commenced, evidence recorded and decision making process
Re: Sexual Harrasment Orissa.
by Hiren Mota on Oct 13, 2012 11:30 PM
The simple solution is that divide entire country in two parts. One should be called SC and other one should be ST. Thats enough to end all this discussions !!!!
I would like to know about this lady. What is her financial status how did she get so much money. She is being fielded for some high UN post (loaded with perks and high salaries). She mentioned crocodile tears, that is exactly what she is shedding. If not, let her propose some other name for the UN Body (preferably an OBC or SC/ST candidate). How about it Indira Jaising ?
Not just Indira Jaisingh but many others misguided souls are parroting that quota will "include" the hitherto "excluded". When the entire system is owned and operated by the Govt how is it possible for individual competitors to exclude anybody? Other than the Govt, does any competitor have the power to exclude anybody? When no individual can exclude anybody, where is the question of so-called "OBCs" being hitherto excluded?
Can it be denied that each competitor is an individual and a citizen (and not a 'caste' representative) and as much an outsider to the system as other individuals. Where is the question a, b or c castes 'excluding' x,y or z castes?
The question of 'exclusion' arises, when conscious and organised efforts are made to deny something to somebody. Is that the case?
The bottom line is provide quota but based on need and empirical evidence and not on the basis of assumptions/presumptions/beliefs.
Ram Jethmalani, Indira Jaisingh (poor misguided souls) all are defending the 'caste-quota' system because they believe that SC/ST/OBC/MINORITIES etc,etc have suffered "centuries of oppression".
If Ram J and Indira J believe that their parents/grandparents/ancestors have committed "oppression/suppression/repression/depression...ion/ they are free to atone for it, but why the hell should they be telling that other citizens whose parents/ancestors were innocent should be made to pay a price?
As innocent human beings who accidently happen to be Indians, the victims of the quota system must not accept punishment for crimes committed by Ram/Indira J's parents/ancestors. Those who believe that their parents committed atrocities must alone atone.
In any case, as per current constitutional provisions, only those who commit wrong, are charged and prosecuted in court and proven guilty can be punished that too by the court's.
The system of politically instituted system of wholesale punishment of a section of the society on the suspicion of 'wrong doing' by their unknown anscestors is illegal, unconstitutional and against all humanitarian laws.
RE:Centuries of oppression - only people who did must pay
by Manjula A on Apr 21, 2008 02:13 PM
I am very happy that ultimately an Aryan has atleast accepted the shameless deeds of his ancestors. Well if all you guys accept it and issue a public apology, reservations can be done away with.
RE:Centuries of oppression - only people who did must pay
by Raghuram on Apr 22, 2008 07:29 PM
The elementary principle of law is that when a person is accused of wrongdoing, the person should be given a reasonable opportunity of defending himself. No person can make an accusation and decide by himself/herself that the accusation is not only correct but the accused must unquestioningly accept it and agree to any punishment that is meted out.
No person can be punished for a crime that he/she has not committed and for which he/she is not responsible.
No constitution in the world has a provision to punish people selectively on caste-basis for crimes alleged committed several centuries ago (when the society was exceedingly primitive) by some other person with whom the current day citizen has nothing in common.
If one were to accept the principle that any body can be punished for a crime/wrong done by another person, then the whole population ought to be in jail.
Re: Centuries of oppression - only people who did must pay
by pawan patil on Feb 25, 2009 12:10 AM
The main question is not of reservation, the question is of unequality that prevailed since centuries...and after cindependane as blessed by indian constitution, in order to have social reform among the differnt commmunity having different exposure to educational system, in order to get equal opportunity for the limited opportunities reservation has been came into the force. Butits pity to know that there are such narrow thinker who only thinks 1 plus 1 elevan as the used too, they must understand 1 plus 1 is Two only... Now as competition is incresed since people from all social background now competing...!So the Aryans should not think that it is punishment but they must come in front and except the reality, if they really have in them, do compete with the rigth spirit, with equal condition.....And also advice to think broadly over the issue.
This entire quota argument is needless. When people apply for jobs/education seat, are they applying as caste representatives or as human beings and citizens? Merely by a coincidence more people may belong to particular castes (which is a private matter and nobody's business) (least of all the quota addicts), does it indicate a calculated monopoly?)
It is incredible the extent to which the bogus concept of "inclusiveness" has been propagated that too to for an artificially invented category!
When all people are competing as individuals where is the question of "excluding" anybody that some have to be included by quotas?
The entire system of compulsory categorisation is ridiculous and unconstitutional.
If compensation for past oppression is the ground, then it is the brahmins who should be compensated first. It is well known that the Muslims ruled India from 736 AD till the 1800's when the British defeated them. It is also well known that the Muslim rulers and their henchmen targetted the 'brahmins' for atrocities as a result many brahmins died and were left penniless, which continues today.
The constitution nowhere mandates 'reservation'. Therefore to claim that it should be x%age, it is a birth right etc are all spurious. The propagation of the bogus "centuries of oppression" theory amounts to incitement to hatred.
The bottomline is provide quota if necessary and on the basis of empirical evidence, which is not available today.
The caste distinction has not only social but religious sanction. It is based on the Hindu idea that a person's positioning in the social hierarchy is ordained by his or her deeds in the previous life, since Hindus believe in rebirth. The current social status of an individual depends on the good or bad deeds committed by that individual%u2014his or her Karma%u2014and is therefore immutable in this real world. The World Conference Against Racism, Xenophobia and Related Intolerance, a United Nations (UN) convention held in Durban, South Africa, from August 31 to September 7, 2001, stirred a hornet's nest in India. The Dalit activists and their supporters demanded that India's 2000-year-old caste system be included in the deliberations at the conference and that the United Nations (UN) should pass a resolution condemning the inherent social gradation of the system. The demand to bring this issue before an international forum was countered vociferously by the Indian government, which maintains that the caste system and caste-related discrimination are internal affairs that should be fought within the country. "Dalit" literally means downtrodden or oppressed, and is a term used in place of the word "untouchables" to identify the lowest caste categories. In modern times, though laws have forbidden discrimination against Dalits, the stigma of untouchability continues to isolate millions of members of this group. They are still associated by many upper caste members with a sense o
RE:RACISM AND CASTEISM
by Kris iyer on Apr 17, 2008 08:33 AM
Dear Edge, You have given a good idea of what keeps you on edge. You are a missionary for your cause. I don't mind that. But, you write as though it is 1947. So, you have not noticed any changes in India after 60 years of reservations? By all means, "wash all the dirty linen in the UN and other world forums", show hatred and anger towards your neighbours and fellow citizens, citing all sorts of arguments. If, the "Dalit and OBC Grievance Industry" thinks that by these steps, they would humiliate India, it is mistaken. If India suffers we all suffer. Charges of racism have been thrown at USA, U.K., Russia, Germany, now China. Why should India care, so much? So, please go ahead. Unlike you, I know that Hinduism accepts changes. Whether it is social divisions, or the position of women, Hindu society has changed for good, without a sudden revolution as in Russia, China and Cambodia (under Pol Pot). After such violence and loss of life, these countries are back to where they were before their revolutions. India and Hinduism have faced very grave times, please read our history from about 12 century onwards. Read V.S. Naipaul's "India: A Wounded Civilisation". Social changes take time and patience, particularly, if the population is ONE billion spread over a sub-continent. I am sorry to say you are a pessimist, I am an optimist, in comparison. Pessimists find little happiness in life. But an optimist who comes to that after being a realist, can find peace and happiness to do good
RE:RACISM AND CASTEISM
by Manjula A on Apr 17, 2008 02:11 PM
The Hindu religion does accept changes, and a lot of it. That is why the shameless caste systm entered it. It is good that the Hindu religion is changing again but this time in a positive way. If all Hindus co-operate, this cancer can be done away with and the lost glory of the Indus Valley civilisation can be brought back. For that, faith in Lord Shiva, or Appan or Bholenath, needs to be re-instated and the various swamis who preach pop-Hindu religion have to be done away with and worshiping humans instead of Lord Shiva and Maata needs to be stopped, whether it is Ram or Krishn or Premananda or Osho or Kalki.
RE:RACISM AND CASTEISM
by Vijay B on Apr 17, 2008 08:12 PM
Were you rejected by an "upper caste" boy or something? Take it that there must have been some incompatibility between the both of you and nothing else. Don't start trashing caste because of some personal issue you have had.
Caste has kept India as a nation all these millennia. Only stupids will go all out to destroy it. Unfortunately India is filled with stupid senseless morons now.
RE:RACISM AND CASTEISM
by edge on Apr 16, 2008 10:47 AM
cont.. They are still associated by many upper caste members with a sense of pollution%u2014as having been the workers in charge of functions like disposing of animal carcasses, digging graves, and cleaning latrines and therefore polluted. Despite India's modern democratic government and a 58-year-old constitution that abolishes the caste system and provides for the rights of the lowest caste, there is much work left to do in order to wipe out the discriminatory practices still prevalent in no small measure. Obama's speech on racism where he qouted William Faulkner , 'The past isn't dead and buried. In fact, it isn't even past.' He further said 'We do not need to recite here the history of racial injustice in this country. But we do need to remind ourselves that so many of the disparities that exist in the African-American community today can be directly traced to inequalities passed on from an earlier generation that suffered under the brutal legacy of slavery .Not just with words, but with deeds - by investing in our schools and our communities; by enforcing our civil rights laws and ensuring fairness in our criminal justice system; by providing this generation with ladders of opportunity that were unavailable for previous generations. It requires all Americans to realize that your dreams do not have to come at the expense of my dreams; that investing in the health, welfare, and education of black and brown and white children will ultimately help all of America prosper.'
RE:Inter-caste marriages
by Demo-crazy on Apr 16, 2008 01:22 AM
Marriages cannot be forced.
So, how can you eliminate the caste barrier. The first thing we should do is get rid of all incentives that are provided on the basis of caste. Get rid of all restrictions that exist anywhere. Thus free temples, mosques, churches for visits, schools, hospitals, hotels, housing etc.
All one needs to ensure is cleanliness and adherence to the rules of the place without bringing in caste factor. That is when true change can be inculcated.
RE:Inter-caste marriages
by Manjula A on Apr 17, 2008 02:12 PM
Incentives on caste basis will remain as long as caste based persecutions remain. It isn't vice versa. Please understand this simple thing and all your troubles will be over.
It is unfair that OBCs are not adequately represented in these areas. These areas are bastions of upper caste privilege. I hope Parliament passes legislation to rectify this immediately.
