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DALIT ONLINE – e News Weekly

Spreading the light of humanity & freedom


Editor: Nagaraja.M.R.. Vol.15....Issue.02........13 / 01 / 2019

Editorial : BAN Reservation to rich dalits

Basic tenet of our democratic governance and of our constitution is


EQUALITY & EQUAL OPPORTUNITY to all Indian citizens.

Reservation policy 4was intended as a short term measure to correct historical


injustice to dalits.

Basic principle of criminal justice stipulates you cann't hold a grandson liable
for a murder committed by his grandfather a century ago and punish the
grandson now.

In the name of correcting historical injustice to dalits , even after extending


reservation benefits for 71 years , goverment is practicing apartheid policy.
Government is forcefully suppressing a class of citizens so called forward
caste people. This is against basic tenet of constitution of india.

These suppressed forward caste people are truly “ NEO-DALITS".

In a running race boys who have practiced hard for years are running in the
race sincerely , meanwhile organisers of racers tweak the rules of the game to
few participants, gives them motor bikes. Naturally boys on bikes will cross
finishing line first than boys on legs. Finally organisers declare boys on bike
who crossed finishing line first as the winner. This is exactly what government
is doing since 70 years by reservation policy. Is it fair ? Is it not illegal, against
constitution? Right way is instead of giving bikes to those boys running
training must be given to them. Finally race must be on a level playing ground.

Do remember we are also citizens of india and we are also tax payers. With our
money ( public money ) Since 70 years government is suppressing us in the
name of forward caste. It is illegal , unconstitutional, violations of
constitutional rights , violations of human rights.

We as citizens of india as tax payers has right to decide how our tax money is
spent by government.

Hereby, we request Honourable supreme court of india:

1. To identify all citizens suppressed by government in the name of


forward caste as “ NEO-DALITS”.
2. To legally punish the public servants who extended reservation policy
for 70 years much against the wishes of constitution framers.
3. As a first step fix economic cut off point to separate creamy layers of
dalits , OBCs , minorities from reservation benefits.
4. Second step keeping the same economic cut off point identify poor ,
needy in other castes also and extend the reservation benefits to them
also on an equal footing.
5. Finally down the line scrap all caste based reservations instead income
based affirmation policy must be brought in. Instead of declaring a
person with low marks as passed, selected against many other talented ,
struggling persons, that low scoring person should be given free
coaching facilities, free hostel, fee waiver, etc. But exam rules , selection
rules must be same for all.
6. Still if goverment continues with it's crimes of suppressing neo dalits
and if apex court also aids the goverment, both of them become
criminals.

PIL – Ban Reservation to Rich Dalits

IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION

CRIMINAL WRIT PETITION NO. OF 2019

IN THE MATTER OF

NAGARAJA . M.R

editor , DALIT ONLINE ,


# LIG 2 , No 761 ,, HUDCO First Stage , Laxmikantanagar ,
Hebbal , Mysore – 570017 , Karnataka State
.
....Petitioner

Versus

Honourable Chief Secretary , Government of Karnataka ,


Honourable Pricipal Cabinet Secretary , GOI & Others

....Respondents

PETITION UNDER ARTICLE 12 to ARTICLE 35 & ARTICLE 51A OF THE


CONSTITUTION OF INDIA FOR ISSUANCE OF A WRIT IN THE NATURE OF
MANDAMUS UNDER ARTICLE 32 & ARTICLE 226 OF THE CONSTITUTION OF
INDIA.

To ,
Hon'ble The Chief Justice of India and His Lordship's Companion
Justices of the Supreme Court of India. The Humble petition of the
Petitioner above named.

MOST RESPECTFULLY SHOWETH :

1. Facts of the case:


Dalits & backward caste people have suffered innumerably for centuries at the
hands of forward caste people. It was nothing but APARTHEID policy.
Muslims and other people whoes numbers were minor also suffered persecution.
Our constitutional framers to provide equal oppurtunity to all indian citizens gave
certain transient measures like reservation in schools , college , jobs , etc to these
persecuted people.
Now even after 71 years of independence & reservation , affirmative policies of
government still many dalits , minorities are suffering. Creamy layers of dalits ,
muslims with political connections have over used , reservation benefits to the
maximum denying their own dalit , muslim brothers , sisters of reservation benefits.
Few well connected dalit families have over used reservation benefits multiple
times , while many poor dalit families have not used reservation even
once. Few Scheduled Tribe communities & other backward caste communities
didn’t face any social boycott at all in the past. Some of those communities
were actually rulers / royals. Still due to political connections now those few ST
& few OBC communities are enjoying reservation . As a result few dalits ,
muslims have become well educated , rich while their poor brothers suffer in
ghettos , slums.
In few dalit families both father & mother are in government service based on
reservation , has taken fast promotion on reservation , both sons got education
on reservation and even got government jobs on reservation. Still that family wants
residential site under reservation quota , school seat for grandson under reservation
, how is it justified ?
Reservation benefits are provided by public coffers – ie hard earned tax payer’s
money belonging to all castes & religions. That money must be properly used to
correct historical wrong. Reservation benefit must be given only once to a family ,
the family member who uses that benefit to get education & appointment reaches a
stage of financial independence. In turn that family member must personally spend
towards uplifting his other family members instead of relying on government
support.
The castes & tribes which didn’t face any social ostracism but enjoying ST & OBC
benefits by political connections must be removed from those
categories. The poor among those castes & communities must be given financial
support for education , self employment , etc based on economic criteria. In this
way reservation fund will be preserved & that saved money can be used for other
poor SC / ST / OBC / Minority families. So that all SC / ST / OBC / Minority family
will come up fast in society.
Private sector which enjoys loans , subsidies , other benefits from government ,
public banks are not bound by reservation policy , are not bound by social
obligation to provide reservation to dalits & muslims.
Successive governments are indirectly segregating people with new names &
using them as vote banks. Affirmative actions of government are creating
inequalities in society, while constitution of india mandates to treat all citizens as
equals.

Basic tenet of our democratic governance and of our constitution is


EQUALITY & EQUAL OPPORTUNITY to all Indian citizens.

Reservation policy 4was intended as a short term measure to correct historical


injustice to dalits.

Basic principle of criminal justice stipulates you cann't hold a grandson liable
for a murder committed by his grandfather a century ago and punish the
grandson now.

In the name of correcting historical injustice to dalits , even after extending


reservation benefits for 71 years , goverment is practicing apartheid policy.
Government is forcefully suppressing a class of citizens so called forward
caste people. This is against basic tenet of constitution of india.

These suppressed forward caste people are truly “ NEO-DALITS".

In a running race boys who have practiced hard for years are running in the
race sincerely , meanwhile organisers of racers tweak the rules of the game to
few participants, gives them motor bikes. Naturally boys on bikes will cross
finishing line first than boys on legs. Finally organisers declare boys on bike
who crossed finishing line first as the winner. This is exactly what government
is doing since 70 years by reservation policy. Is it fair ? Is it not illegal, against
constitution? Right way is instead of giving bikes to those boys running
training must be given to them. Finally race must be on a level playing ground.

Do remember we are also citizens of india and we are also tax payers. With our
money ( public money ) Since 70 years government is suppressing us in the
name of forward caste. It is illegal , unconstitutional, violations of
constitutional rights , violations of human rights.

We as citizens of india as tax payers has right to decide how our tax money is
spent by government.

2. Question(s) of Law:

Why not LIMIT reservation only once to a family that too only one family member ?
Why NOT limit reservation to only poor among SC / ST / OBC / Minorities ?

3. Grounds:
Request for proper use of reservation funds to needy.

4. Averment:
.
a . Hereby , I do request the honorable supreme court of India to consider this as a
PIL for : “writ of Mandamus” and to issue instructions to the concerned public
servants in the following cases to limit reservation benefit only to needy among SC /
ST / OBC / Minorities.
b. to give reservation benefits like job reservation , subsidized loan , preferrential
industrial / residential site allotment , etc only once , only one benefit that too to only
one family member. This avoids a single dalit with political connections using
multiple reservation benefits and same family members using reservation benefits.
Once a dalit gets reservation benefit he must come up on his own and must strive to
bring up his other family members. This way reservation benefit will reach other
poor dalit families who have not received a single reservation policy benefit.
c. to order government to stop appeasing one minority community by subsidized
pilgrimage , marriage support , etc while denying the same to other community.
d. The intent of our constitutional framers was to bring oppressed on par with
forward caste people towards a dignified life but never to put them above
others crushing , oppressing poor forward caste people. This goes against
constitution & creates new way of APARTHEID & new outcasts.
e. to order government to enforce reservation policy in job , school seats , to private
sector also.
f. To extend financial aid , educational aid benefits on par with SC / ST / OBC /
Minorities to all economically weak weak people irrespective of their castes ,
religions.
.

PRAYER:
In the above premises, it is prayed that this Hon'ble Court may be pleased:

a . Hereby , I do request the honorable supreme court of India to consider this as a


PIL for : “writ of Mandamus” and to issue instructions to the concerned public
servants in the following cases to perform their duties & to legally enforce Uniform
Civil Code.
b. to give reservation benefits like job reservation , subsidized loan , preferrential
industrial / residential site allotment , etc only once , only one benefit that too to only
one family member. This avoids a single dalit with political connections using
multiple reservation benefits and same family members using reservation benefits.
Once a dalit gets reservation benefit he must come up on his own and must strive to
bring up his other family members. This way reservation benefit will reach other
poor dalit families who have not received a single reservation policy benefit.
c. to order government to stop appeasing one minority community by subsidized
pilgrimage , marriage support , etc while denying the same to other community.
d. The intent of our constitutional framers was to bring oppressed on par with
forward caste people towards a dignified life but never to put them above
others crushing , oppressing poor forward caste people. This goes against
constitution & creates new way of APARTHEID & new outcasts.
e. to order government to enforce reservation policy in job , school seats , to private
sector also.
f. To extend financial aid , educational aid benefits on par with SC / ST / OBC /
Minorities to all economically weak people irrespective of their castes , religions.
g. to pass such other orders and further orders as may be deemed necessary on the
facts and in the circumstances of the case.

Hereby, we request Honourable supreme court of india:

1. To identify all citizens suppressed by government in the name of


forward caste as “ NEO-DALITS”.
2. To legally punish the public servants who extended reservation policy
for 70 years much against the wishes of constitution framers.
3. As a first step fix economic cut off point to separate creamy layers of
dalits , OBCs , minorities from reservation benefits.
4. Second step keeping the same economic cut off point identify poor ,
needy in other castes also and extend the reservation benefits to them
also on an equal footing.
5. Finally down the line scrap all caste based reservations instead income
based affirmation policy must be brought in. Instead of declaring a
person with low marks as passed, selected against many other talented ,
struggling persons, that low scoring person should be given free
coaching facilities, free hostel, fee waiver, etc. But exam rules , selection
rules must be same for all.
6. Still if goverment continues with it's crimes of suppressing neo dalits
and if apex court also aids the goverment, both of them become
criminals.

FOR WHICH ACT OF KINDNESS, THE PETITIONER SHALL BE DUTY BOUND,


EVER PRAY.

Dated : 11.01.2019.. ………………..FILED BY: NAGARAJA.M.R.

Place : Mysuru , India…………………….PETITIONER-IN-PERSON

Edited, printed , published owned by NAGARAJA.M.R. @ # LIG-2 No 761,


HUDCO FIRST STAGE , OPP WATER WORKS , LAXMIKANTANAGAR
, HEBBAL ,MYSURU – 570017 KARNATAKA INDIA Cell : 91 8970318202
WhatsApp 91 8970318202

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Contact : editor@dalitonline.in

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