annual report print final.qxd - Asian Centre for Human Rights

INDIA HUMAN RIGHTS REPORT 2005 Delhi
V. Atrocities against SCs/STs
The allegations of discrimination
against the Scheduled Castes and
Scheduled Tribes in Delhi particularly
related to access to education and jobs.
The Dalit and Scheduled Tribes
students’ organisations alleged that Delhi
University has not been following
reservation policy for the allocations of
seats. Out of the total sanctioned strength
of 45,000 students, about 10,125 seats are
to be reserved for the SCs/STs students.
The university reportedly reserved only
about 7,000 seats for the SC and ST
categories during the academic session
2004-2005. In 2003, DU had admitted
43,641 students and as per the norm of
21.5 per cent reservation for SCs/STs
students, DU was supposed to reserve
9,600 seats for students falling under these
categories. However, about 4,384 reserved
seats were reportedly not filled up. 36
On 5 July 2004, a Delhi High Court
quashed the Central government’s
notification of 27 August 2003 directing
the Delhi government to reserve 7.5 per
cent seats of civil posts for ST candidates
irrespective of their native state. The
notification of the Central Government
was challenged by Ambedkar Foundation,
Delhi. The Delhi High Court ruled that as
Delhi did not have listed Scheduled Tribes,
there could be no reservation for them. In
its order, the court observed that for the
Capital city, there was no Presidential
notification listing any scheduled tribe
here, as required by the Constitution. 37 In
September 2004, the Delhi government
58
reportedly issued an order stating that only
those Scheduled Caste and Scheduled
Tribe families who have been staying in
Delhi before 1954 can obtain reservations
for the Delhi government jobs. 38
VI. Prisons and prisoners
Country’s show-piece for prison
reform, Tihar jail continued to be
overcrowded. At the end of 2004, Tihar jail
had 12,610 prisoners against the sanction
capacity of 5050 prisoners. Amongst the
prisoners, 10,087 were undertrials. 39 On 25
August 2004, the Delhi High Court
directed the Delhi government’s Home
Secretary to explain the delay in the
commissioning of the new jails in the city
meant to decongest Tihar jail. 40 On 14
December 2004, Chief Minister Sheila
Dixit inaugurated a New District Jail in
Rohini with a capacity to lodge 1,050
prisoners. 41
The Delhi High Court reportedly
granted bail to several aged persons facing
trial in criminal cases in its continuing
effort to provide time bound justice. The
miserable condition of several categories
of undertrials was brought to its notice by
the National Human Rights Commission. 42
However, despite being ordered for
release on bail by the trial courts, 180
undertrials reportedly failed to secure their
release because they were unable to pay
the bail bond and surety amount. The
Delhi High Court in February 2003 on a
criminal writ petition filed by the Rotary
Club directed the trial courts to consider
their cases and take appropriate remedial