RAJYA SABHA ______ SYNOPSIS OF DEBATE ______ ...

RAJYA SABHA
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∗ SYNOPSIS OF DEBATE
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(Proceedings other than Questions and Answers)
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Thursday, May 03, 2012/Vaisakha 13, 1934 (Saka)
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MATTERS RAISED WITH THE PERMISSION OF THE
CHAIR
I. Agony of lakhs of home buyers of Noida in U.P. due to delay
in approval of master plan by N.C.R. Planning Board
SHRI MUKHTAR ABBAS NAQVI: Noida Extension is
adjacent to Delhi and many disputes are related to this Noida
Extension. These disputes were resolved to a large extent by the
previous Government and present Government. But due to the red
tapism policies of Central Government today more than 10 lakh
families and lakhs of such people have come to roads whose
employment is related to it. They are on the verge of starvation.
People, who have invested their whole life's saving and took loan are
suffering a lot and staging an agitation at Jantar-Mantar. Central
Government had asked N.C.R. Board to solve this dispute. Planning
Committee had approved the master plan. Farmers were given the
assurance that they will be paid 64 percent compensation. But
farmers did not get it. I will urge the hon. Minister to direct the
NCR Board to take action on master plan immediately.
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∗ This Synopsis is not an authoritative record of the proceedings of the Rajya Sabha.
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(Shri Prakash Javadekar, Shri Prabhat Jha, Shri Anil
Madhav Dave, Shri Balbir Punj, Shri Birendra Prasad Baishya and
Dr. Chandan Mitra associated.)
II. Miserable plight of farmers
SHRI TAPAN KUMAR SEN: our farmer community who
actually feed 120 crores of our population is facing severe distress
and crisis. Farmers suicides are increasing every day. It is a very
dangerous situation for our food security. Even in my State, where
suicides were not a common thing, 41 farmers have committed
suicide. Twelve thousand peasants have been evicted, and they
have lost their livelihood. The whole thing is flowing from the faulty
policy of the Government on public investment in agriculture as well
as an absolutely faulty credit policy. The whole credit system is such
that more than two-thirds of our farming community are outside the
institutional credit network, and they are victims of private money
lenders and sharks. The funds are not coming from Government's
own pocket. Funds meant for agriculture are being cornered,
diverted to the farm houses. It is not going to poor and marginal
farmers. NABARD closing down its 15 district base offices and also
the rural regional banks. I insist the Government to seriously
consider reversion of the policy in the matter.
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SHORT DURATION DISCUSSION
Reservation for Scheduled Castes and Scheduled Tribes
in Promotions During Service
SHRI SATISH CHANDRA MISRA initiating the
discussion, said: As far as article 16 (4), of the Constitution is
concerned provision of reservation has been made in it. Dr.
Ambedkar made this provision judiciously. The judgment of Indira
Sahani case came on 16.11.1992. In this judgment it was stated for
the first time that article 16(iv) was interpreted in such a manner that
only initial appointment were included in it and not the promotions.
But in this judgment Supreme Court has also stated that in all its
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earlier judgments it has constantly stated that reservation in
promotions is also included in article 16(iv).
77 th constitutional amendment became effective on 17
September, 1995. Through this amendment a new article (ivA) was
added in article 16. In article 16(viA) it was provided that
Scheduled Castes and Scheduled Tribes will also get reservation in
promotions. In 1994 an act was passed in the state of Uttar Pradesh
under which reservation in promotions was provided under section
3(vii). Article 4a was also amended. It was provided there in that
when promotion is given by way of reservation to SC/ST,
accelerated seniority would also be given to them. Through the
constitution (81 st amendment) act 2000, which came into effect on
9.6.2000, another Article was added to 16 and it was 16 (4B). It was
provided through it that vacancies which are not filled in a particular
year would continue to remain alive and will be carried forward into
the next year. 82 nd amendment came into effect from 08.09.2000.
Under this a proviso was added to article 335 that scheduled castes
and scheduled tribes can be given relaxation regarding their
qualifying marks and while making appointments by way of
promotion, standards of their evaluation can also be lowered. 77 th
constitutional amendment was challenged in many High Courts and
the case went to Supreme Court. On 19.10.2006 a judgment was
delivered in M.Nagaraj case. This judgment upheld the validity of
the amendment to articfle 16(iv)(A) and 16 (iv)(B). The UP
Government servants' seniority rules were framed in 2002. These
rules were incorporated on 18.10.2002 when Mayawatiji was the
Chief Minister of Uttar Pradesh and rule 8a was also included.
When the government of another party came in power in Uttar
Pradesh it deleted this rule 8a. Then again on 4.9.2009 BSP
Government was formed and Mayawatiji became Chief Minster on
4.9.2007 this rule 8a was again incorporated and resultant seniority
was provided. In spite of Indira Sahani judgment rule 8A was
challenged by means of various writ petitions. Matters came to the
Supreme Court. The judgment has come on 27 th April, 2012 which
has upholded the judgement of Lucknow bench. But Supreme Court
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has not given any protection to all these employees having been
promoted for the last 18 years. Being in service their seniority has
not been reinstated to them under rule 8A. The enforcement of this
judgment will affect not only thousands of employees belonging to
the Scheduled Castes and Scheduled Tribes who have been promoted
in the State of Uttar Pradesh, but also employees throughout the
country.
Throughout the country, all the employees who have got
promotions ever since the 77 th Amendment would be reverted. The
employees belonging to the Scheduled Castes and Scheduled Tribes
in the whole country, are highly agitated. All those who are likely to
get employment in future, are going to be affected by it. The two-
Judges’ judgment of Rajasthan and U.P. refers to the five-Judges’
judgment. They say that the dictum said in Nagraj’s case is binding. In
Nagraj’s judgment, they have completely over-looked the nine-
Judges’ judgment of Indira Sahni case. I went through the judgment to
find out if somebody has dissented on this point whether the
Scheduled Castes and Scheduled Tribes are yet to be ascertained
whether they are backward or not. In several paragraphs in the
judgment of the Hon’ble Supreme Court, the nine Judges have
discussed it.
It is unfortunate that there are two groups in our country who
are inherently unequal. One is the Scheduled Castes and the
Scheduled Tribes and the other is the so-called ‘upper castes’. It is the
social backwardness which leads to economic and educational
backwardness. We have seen what has happened to the Scheduled
Caste and the Scheduled Tribe people at several places. All their
hutments were demolished in Delhi during the games. The amount
earmarked for their upliftment was used for the games. Now two years
have passed and not even a single naya paisa is given back to them.
Even today in Orissa, the persons belonging to the Scheduled Castes
were not allowed to cross the houses of the persons belonging to the
upper castes. In such a situation, it is necessary to give them
reservation. Their reservation should not be done away with by a
judgment of five Judges. The Supreme Court had held that the higher
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castes are not socially backward. They may be poor, but socially they
are not backward.
Unless the people of these Scheduled Castes and Scheduled
Tribes reach at the higher places through reservation, the desired
results cannot be achieved. The judgment also mentions this fact. The
other similar backward social groups among Muslims and Christians,
have particularly no entry into the administrative apparatus. It was this
imbalance that was sought to be redressed by providing for
reservations in favour of such backward classes. It would not be
correct to say that the backwardness should be both, social and
educational. What matters is social backwardness. In one of the latest
judgments, it was held that the decision of the smaller bench cannot
override the decision of the larger bench. The two Judges say that
they are bound by the five-Judges judgment. Therefore, a situation has
arisen which needs to be looked into by the Parliament.
It is, absolutely, impossible that before making promotion of
the Scheduled Castes and the Scheduled Tribes by way of reservation,
an ascertainment has to be made whether adequacy in the service is
there or not. If it is imposed, it would be impossible to achieve our
aim. This has to be taken into consideration as to what will be the
adequate representation and when it has to be treated as adequate
representation. Next issue is ascertainment of efficiency in working
while making promotion. Whenever you make a promotion, you first
look into Article 335 and see whether the efficiency is not being
affected. Keeping this situation in mind, an amendment was needed
and a proviso was added. A condition should not be imposed for
ascertainment of efficiency, before framing the rules, for seniority or
for promotion. The minimum requirements, which ascertain the
efficiency, are already there in U.P. A person who has put in 25 years
of service, becomes eligible for promotion. There is no question of
efficiency being affected.
Our Leader, Ms. Mayawati, has requested all the leaders of
the Parties to sit together and find a way out. In my view, it becomes
necessary that we should amend Articles 341 and 342 by adding this
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after Article 342. Under Articles 341 and 342, certain castes have
been declared as the socially, educationally and economically
backward. Therefore, they are under the Supreme Court judgment to
be treated as backward. It requires to be added at the end of Article
341 that such specified castes will be deemed to be backward for all
purposes of the Constitution. The words of Article 16 (iv) (A) should
be deleted and the following words should be substituted, ‘to the
extent of percentage of reservation provided to the Scheduled Castes,
Scheduled Tribes in the services of the State’. So far as the efficiency
is concerned, Article 335 is already there. Lastly, I would like to say
that after Dr. Ambedkar, Kanshi Ram and Ms. Mayawati have led the
movement for the Scheduled Castes and Scheduled Tribes. Today
their rights are being usurped. We are unable to change the mentality
of people. Whenever there is an issue in their favour, people stand
against them. The basic structure of the Constitution was framed to
remove inequality. But, it is a matter of regret that the Courts’ orders
are trying to hit the rights of the Scheduled Castes and Scheduled
Tribes. After Ms Mayawati raised the matter in Parliament, peace has
been maintained in the country. They hope that their rights will be
protected.
DR. BHALCHANDRA MUNGEKAR: The Indian
Constitution is committed to the principal of affirmative action and it
had prescribed quota in the field of legislatures, employment and
education for the members of the Scheduled Caste and the Scheduled
Tribe communities. Till 1992, reservations in direct recruitment and
promotions were admissible to the Scheduled Castes and the
Scheduled Tribes in the States and the Central Government services
only on the basis of Article 16 of the Indian Constitution. It was only
for the first time in the case of Indira Sawhney that a nine-Judge
Bench of the hon. Supreme Court held that article 16(iv) does not
provide for reservation in promotions. That is why, the Parliament
amended article 16(iv) and added article 16(iv)(A) where the
reservation in promotions was also included. Once again, 77 th and
85 th Amendments to the Constitution were challenged by the general
category employees, and, the 5-Judge Bench of the Supreme Court,
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clubbing all the petitions challenging the amendments, in the case of
M. Nagaraj, gave a decision that these amendments were
constitutionally valid with certain conditions and principles regarding
backwardness, inadequate representation and efficiency had been
added through it.
I endorse the amendments to article 341 and 342 suggested by
hon'ble Member that this social backwardness criteria should not
absolutely be required because only those categories are included in
the Scheduled Castes and the Scheduled Tribes. I will venture to say
that reservation policy enshrined in the Indian Constitution should be
considered as part of basic features of the Indian Constitution. I also
endorse the suggestion and the amendment suggested by hon'ble
Member that article 16 (iv) (A), which added inadequate
representation in the opinion of the State should altogether be deleted.
In this country, unfortunately, efficiency is associated with one’s
caste, gender, religion, language, ethnic group etc. This is highly
unacceptable in a country which considers itself to be a democratic
country. There is no doubt in my mind that Indian Constitution is the
first major intervention to correct the social, economic, political and
cultural imbalances prevailing in different sections of the society and
coming in the way of making this country a modern nation state. I
submit that I endorse fully the recommendations made by the hon'ble
Member in the morning.
I must mention that the latest report indicates that there is no
SC candidate to represent in the top administration of Government of
India. It is a matter of grave concern and required to be looked into
immediately. The Reservation Act provided that 46 educational
institutions of national excellence reservation would not be there. I fail
to understand who decide national excellence. Today, nearly 45 per
cent vacancies of the teaching posts in all universities in the country,
are not filled. I demand that the Parliament should pass a
comprehensive legislation, including the reservation in promotions.
SHRI THAAWAR CHAND GEHLOT: The House is
deliberating a very important issue which arose out of the situation of
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the verdict dated 27.4.2012 of the Supreme Court on the appeal nos
2608/2011 of Rajesh Kumar & Others Versus the Uttar Pradesh
Power Corporation. It is beyond doubt that the recent judgment would
affect lakhs of employees belonging to the scheduled castes and
scheduled tribes and their families. I am an activist of BJP. I am very
proud of this that we support the provisions related with the scheduled
castes and scheduled tribes enshrined in the Indian Constitution.
During the rule of NDA constitutional amendment was brought to
remove the 50 per cent ceiling regarding filling up the backlog
vacancies reserved for the scheduled castes and scheduled tribes with
retrospective effect.
What is the reason for such decisions. The petitioner appears
with full preparations but the representation of the Government is not
what it should be. The conclusion in this decision could have been
made as otherwise as the percentage of reservation is fixed at all
levels. Secondly, whether their backwardness came to an end or it is
on the same. Thirdly, whether or not the efficiency of administration
would be affected by the reservation and promotion. There is a
Departmental Promotion Committee in every state which looks into
that whether the same comes under the promotion or not. Even today
a large number of posts are lying vacant in the country which is
required to be filled in. They speak of the question of appropriate
representation despite the same lying vacant. The otherwise meaning
which are taken out from the article 335 need to be corrected.
I therefore, urge upon the Government to appeal in the full
bench of the Supreme Court if there is time and to initiate the process
of constitution amendments and restore our rights snatched away by
the court.
SHRI T.K. RANGARAJAN: If a Constitution amendment
comes, we will definitely discus that. I would like to know from the
hon. Minister as to how many Directors are there from the SCs and
STs in the pubic sector; how many posts of Chairman you have filled
up and how many promotions you have given Even today, look at the
attitude of the public sector towards the eligible and efficient people.
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If he belongs to the SC or ST, he will not be considered. You can
make all kinds of amendments in the Act, but there is nobody to
implement them in this country. This attitude has to change. Whatever
we decide, the hon. Court decides otherwise.
Under pressure, we change certain provision of the
Constitution. Under pressure, judges give different types of
judgments. How do you solve this contradiction What is wrong in
creating a supernumerary post Give the right promotion to the SCs
and STs persons. The law can be changed, but the attitude has to
change. If the attitude can be changed, then, so many things can
happen in this country. In the panel of promotion Selection
Committee, there must be representation from the S.C.s and the S.T.s.
If you do not have an eligible SC or ST person, borrow from some
other department. So, do not wait for a law to be framed. I don't think
it requires any law. Even tomorrow you can implement it.
SHRI SUKHENDU SEKHAR ROY: We are in favour of
certain actions on the part of the Government so that some
amendments can be initiated to protect the interest of the SCs/STs and
Other Backward Classes and I fully support those Bills. I urge upon
the Government to make a fresh amendment. The Supreme Court
over-ruled the Allahabad High Court judgment to grant reservation in
promotions to all the reserved categories among Government
employees. It is the duty of the Parliament to come out with a fresh
amendment so that the interest of the SCs, STs and Other Backward
Classes are protected.
PROF. RAM GOPAL YADAV: The Samajwadi Party is in
the favour of reservation as well as reservation and promotion. We
are against consequential Seniority. The policy of consequential
seniority of the BSP Government of Uttar Pradesh was dangerous.
It is not correct that we are against reservation in promotion.
We do not agree with the reservation in promotion alongwith the
resultant seniority, the removal of reservation in promotion, but the
rule 8 (a) related to the resultant seniority should not be there. We
don't agree with that at all. It will create friction in the entire
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democracy and efficiency will be adversely affected. We will oppose
any law similar to 8 (a).
SHRIMATI VASANTHI STANLEY: The DMK has been
consistently demanding that the percentage of fixation of reservation
should be left to the State Governments because the State
Governments can provide reservation depending on the percentage of
the Scheduled Castes, Scheduled Tribes and Backward Classes, as this
varies from State-to-State. This is the right time for this discussion. In
1950, the first amendment to the Constitution was passed on
reservation for the socially and educationally backward classes. It was
given in Government employment and education. In 1989, the DMK
was instrumental in implementing the Mandal Commission's
recommendations providing 27 per cent reservation for the OBCs.
The same proportion of reservation may be provided in promotion
also since once again the socially and educationally backward classes
are deprived of holding higher positions in any organisation. The logic
which applies for getting admission in educational institution, the
same logic that applies for getting into the Government employment,
should be applied for the reservation in promotion also. So, for
promotions, it should be mandatory that reservation should be there.
Our leader, Dr. Karunanidhi, has, many times, written to the Prime
Minister about the need to amend the Constitution suitably to treat the
converted Christians and Muslims on a par with other SCs and STs.
Hence, we are second to none to fight on this issue. I would like the
hon. Minister and the Government to see to it that the Constitution is
amended suitably.
SHRI SHASHI BHUSAN BEHERA: This is an issue of
national importance, and this issue is very much linked with social
justice. It is a matter of pride that we have got a Constitution which
gives protection to the Scheduled Castes, Scheduled Tribes and the
weaker sections. Our Constitution intends to mitigate the social
inequality which is still prevailing from thousands of years in this
country. The States whose population is greater in number are not
enjoying the benefits of reservation as per their population. With this
amendment, namely 77th and 85th in promotion, the SCs/STs are
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eing protected under article 16 (ivA) and (ivB) which is now in
question. So, this august House which has framed a law to protect the
Backwards, SCs and STs has to rethink over this matter that this social
backwardness still exists in these communities.
SHRI A.W. RABI BERNARD: AIADMK stand shoulder to
shoulder with all those who engage themselves in uplifting the
marginalized, subaltern women and men of this nation. Is it not that
the Indian caste system is apartheid of gigantic proportion Is it not
that the economic deprivation, social oppression, political
marginalisation of a large population of this country, has resulted in an
overall underdevelopment of this country To ensure a social
equilibrium, to ensure a safe, cultured living for everyone, it is
essential that not only equal opportunities are given to everyone, but
affirmative actions are also guaranteed through legal measures.
We put our faith in reservations to correct the situation
because reservations are the most workable method to move in this
direction. The nature of Indian society ensures that without such
measures, social discrimination and exclusion will only persist and
will be strengthened. In the case of the Scheduled Castes and the
Scheduled Tribes, discrimination is more evident which still continues
in a blatant and often vicious form in many parts of the country. But it
does not reflect the failure of reservation policy as much as its
inadequate implementation.
It is usually argued that reservation will affect quality and
undermine merit and efficiency. There are many reasons to believe
that drawing upon a wider social base increases the diversity and,
thereby, the quality of the workplace. Reservations do not address the
most fundamental problems of economic inequality or access to
opportunities in India, particularly in the context of globalisation and
liberalisation. There is no question that asset inequalities and related
income inequalities are at the heart of the issue of unequal access in
our country. At the moment, there are legal requirements for filling
certain quotas, but there are no penalties for public institutions that do
not fill them. We should pay attention to this issue also. Let us
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strengthen them by providing them reservation in promotions during
services also.
SHRI D. RAJA: The judgment is an assault on the rights of
the Scheduled Castes and the Scheduled Tribes. It is an assault on the
very policy-making power of Indian Parliament. This is a very
serious situation. The time has come when the Government should
think of constituting a National Judicial Commission and the Judiciary
will have to reflect the social reality that exists in India. As regards
reservation in promotions during service, it is Dr. Ambedkar who
introduced reservations in public services for the Scheduled Castes
and the Scheduled Tribes. He also ensured that representation should
be available at not only entry levels but also in public services; it
should be ensured in all classes and at all levels of administration.
The concept of reservations in promotions was introduced with the
same purpose.
In Mandal Commission judgment, the Supreme Court
imposed a ceiling of 50 per cent, to which I don’t agree. It should be
left to the States. On the issue of adequate representation, they must
ask the Government as to why the Government is not ensuring the
implementation of SC/ST quota according to the percentage. As far as
backwardness is concerned, the Constitution is very clear that the
Scheduled Caste and Scheduled Tribe people are already backward.
Now, the Judiciary should read it properly and it cannot give its own
interpretation. Untouchability is practised in different ways even in
modern era. This aspect will have to be kept in mind. That is why
when the Judiciary questions the backwardness of the Schedule Caste
and Scheduled Tribe people, I think, there is some sinister design.
This is what I understand. I find that every one is for reservation to
Scheduled Castes and Scheduled Tribes in jobs and also in
promotions. But the Judiciary gives a different interpretation, which
the Parliament should reject. The learned Judges must tell us that they
have this scientific study at our disposal, and, based on that, they say
that the Scheduled Caste and Scheduled Tribe people don’t have
efficiency. It is an insult to the people who belong to these categories.
The learned Judges must understand that. There is a contradiction in
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the understanding of the Judiciary and the understanding of the
Legislature in this regard.
What is DoPT guidelines for the public sector undertakings,
banks and other industries Why is there no Chairman or MD in any
public sector from that class’ What I mean to say is, even if one or
two SC or ST candidates come up to the level, they are consciously
denied their rightful claims. This is what the Government will have to
take note of. As far as reservations in promotions in concerned, You
say that there is no efficient IAS officer belonging to the Scheduled
Castes or Scheduled Tribe to become Secretary. Does the
Government want to follow the theory of survival of the fittest Does
the Judiciary want to implement this SCs and STs are asking for due
place in the administration at all levels. That is what we should
understand. There is a need to consider those amendments to ensure
the policy of reservation not only at the entry level but also in
promotions for the people of Scheduled Castes and the Scheduled
Tribes.
SHRI PRAVEEN RASHTRAPAL : King of Kolahpur,
Sahu Maharaj, was the first Indian King in the western and the
northern part of the country who introduced reservation in
Government services 110 years ago and he had given reservation to
the members of staff working in the palace.
Madras High Court gave a judgment that there should be
reservation in promotion and directed the banks to implement it.
Now, this is a judgment in favour of the Government of India
directing the nationalised banks to implement the same. But, five
banks went in appeal. Once the judgment is to be implemented, how
are five banks allowed by the Finance Ministry to go in appeal against
the Madras High Court’s judgement Why promotion to these people
should not be given. Nobody gives me reply even here. There has
been no priority to the issue of the Scheduled Castes during the last
few years in this country. We are shouting for the Reservation Act for
the last four years. It was introduced, it was passed without
discussion. Then, we came to know about the list of institutions and
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there will not be reservation in those institutions. I cannot give a
challenge like a social revolution
There is reservation for recruitment and not for promotion.
But in article 335 of the Constitution, the framers of the Constitution
have not used the word ‘recruitment’. The word used is
‘appointment’. Now, appointment can be made by selection, election,
recruitment, and, appointment can be made by appointment.
Appointment includes everything. The Article 17 of the Constitution
abolishes untouchability and says that its practice in any form shall be
punishable under the law of the land. They may be Scheduled Castes
but they are not untouchables. It is not a caste. It is a community
included in the List which is prepared by the President of the country
under article 341 for the Scheduled Castes and under article 342 for
the Scheduled Tribes. There is no change in their status of
backwardness or forwardness. There was no time limit for reservation
in education, higher education and Government services. So,
promotion is also included at the time of reservation.
The answer to the three questions raised by the Supreme
Court judgement is already prepared by the National Commission for
Scheduled Castes and Scheduled Tribes. The Commission has given
answer to the court that where is the question of verifying who is a
Scheduled Caste person and who is a Scheduled Tribe person. The
list is there in the Schedule of the Constitution and reservation is for
them. Who will decide adequacy Adequacy is already decided
according to the population. My only request is that suitable
Constitution Amendments are prepared and passed during this session
to avoid the problem all over the country.
THE MINISTER OF LAW AND JUSTICE (SHRI
SALMAN KHURSHEED), intervening in the discussion, said:
The issue has legal dimensions and it is a very important topic. It has
been expressed that judges of the country often, stand in the way of
fulfillment of the dreams of our founding fathers in the matter of
giving equal participation, dignity and equality to backward classes of
our country. The people associated with legal profession, including
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eminent judges, might feel that the Government have a cynical and a
pessimistic view about their commitment to equality for all people in
our country. It disappoints us and, in a sense, stands in the way of
fulfillment of our objectives and our aspirations. I urge all of you that
treat this as a grand democratic dialogue with different organs of
Government, including the judiciary, so that we move forward with
cooperation between different arms of Government to achieve this
very noble objective of our Constitution. We have to continue to trust
our Judges because whatever we do here will finally be tested on the
anvil of the basic structure. The issue of adequacy of representation
have been the stumbling block and Government, will have to take
some steps in order to ensure that this does not continue to be an
impediment in achieving our goals. It may well have been our lack of
foresight when we introduced a far-reaching amendment, to the
Constitution. It is quite possible to say that 22.5 per cent is not
adequate.
Creamy layer does not apply to SCs and STs, but creamy
layer does apply to other backward communities. There is no
difference of opinion on creamy layer. But there is differences of
opinion today only in sub-categorisation. No-sub-categorisation in
SCs and STs. But there is a sub-categorisation in OBCs.
When the decision of Indira Sawhney case was taken, a fiveyear
period was given a period in which there would be no reversion
of the promotions that had been made. Such a safety net has not been
provided in the present judgement. Therefore, we could have a crisis
in our hands very soon. The issue will have to be addressed and
whichever way and form it has to be addressed, we will address it. I
can only assure you that from the time that we have formed this
Government we are looking all the developments of Nagaraj case
closely. We have also consulted with the SC and ST fora and the
experts.
SHRI BISWAJIT DAIMARY: People of SCs and STs are
not secured even in the presence of provision of Constitution and legal
system. They are not getting the opportunity as per provision of
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Constitution and legal system. Today, percentage has been given in
terms of population. But this percentage is not being given as a result
there is huge backlog. How we will protect their right is a matter of
great concern. We have to see that how tribals get their rights whether
it is in promotion, appointment or development purpose. Funds given
for them should be utilized in proper manner. I request that the
proposal that has been brought should be considered.
DR. BHARATKUMAR RAUT: The policy of promotion
you want to adopt, for whom is this policy I think we should start this
subject from the level education, only then we will be able to address
this problem. As many children in rural areas have not any access to
education. People of SCs and STs who progressed by taking the
advantage of reservation in education, job and promotion whether they
have done anything for the people of their class Reservation is only
for equality and if you are taking the advantage of reservation even
after getting equality then it is the misuse of this facility.
SHRI RAM KIRPAL YADAV: I think that the deprived
society is still deprived of special opportunity. That society is sitting
in the last line for years. The exploited and deprived people were
given the opportunity in the Constitution under special provision.
Provision of reservation in jobs was made not only for the people of
Dalit class but also for OBC. Law were enacted but I think those
people could not get justice. They are feeling that their rights are
being snatched again.
Talent is the same in the world. I claim, if the child of a dalit
society is given the education on equal footing, he would also remain
on front in every matter. It is wrong to say that being from a dalit, a
backward society, one would lack talent. Reservation is our right and I
say that we don’t want begging but participation. Would we be
deprived of the provision of special opportunity given in Constitution.
This kind of in justice would not we tolerated . You make such
provision in the constitution so that people from poor and dalit society
should not feel that their rights are being snatched. It will also remove
the fear created in their heart. This is the voice of 90 per cent people
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of the country. I request the Minister that by making provision in the
law restore the reservation of dalits and OBC in promotion.
SHRI HUSAIN DALWAI: A kind of bloodless revolution is
taking place in this country. Good work has been done for the
backward people in South. I feel sad on the opposition of reservation.
The condition of muslim dalit is same as Hindu dalit. There is
backward society in muslim. That should also get reservation. All
Members should say it in one voice. If there is no reservation in
promotion, nobody would allow the dalit to come forward howsoever
good he is.
THE MINISTER OF STATE IN THE MINISTRY OF
PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS AND
THE MINISTER OF STATE IN THE PRIME MINISTER’S
OFFICE (SHRI V. NARAYANASAMY), replying to the
discussion, said: Members of Parliament, cutting across party lines,
feel that the issue of reservation for the Scheduled Castes and the
Scheduled Tribes in promotions has to be addressed by the
Government. This issue was debated in the Supreme Court. The court
gave its verdict. Since the verdict had been given by the court, it had
become a very challenging task for the Parliament and for the
Government. It is in the domain of the State to decide whether a
particular class of citizens is adequately represented or not. In the
Virpal Singh’s case, there is another clarification which is required
because there was some argument that was going on. We are here to
address the problems faced by those people, either socially,
economically and also from the educational point of view. This is
because of the situation that was created by the Nagraj case. The issue
was addressed whenever it was raised by the Hon’ble Members in this
House. Therefore, amendments have been made according to the need
of the hour. Now the issue is before this House.
As far as the issue of filling up the backlog of vacancies is
concerned, our Government has taken a proactive measure. A special
recruitment drive for filling up these vacancies was started in
November, 2008. It was very helpful to us and around 50-55 per cent
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vacancies were filled up as a result. I am glad to inform this House
that as a result of our efforts, we were able to reach the level of 75 per
cent. We are now having review meetings from time to time for the
purpose. We have to go a long way in order to fulfil the wishes and
aspirations of the Scheduled Castes, Scheduled Tribes, Minorities,
OBCs, and of other people, especially, the physically-challenged
people. My humble submission to this House is that this is a very
serious matter, and not only the Central Government but even the
State Governments are very much concerned about it. In order to
address this issue, the hon. Prime Minister and the Government is
willing to call for an all party meeting within a short time.
Hon'ble Minister replying to the points raised by the
Members, said: I would like to inform the House that the
Government has prepared a Bill which is under the consideration. We
would like to introduce the Bill in the House as early as possible.
Discussion concluded.
_________
GOVERNMENT BILL
The Chemical Weapons Convention (Amendment) Bill,
2010
THE MINISTER OF STATE OF THE MINISTRY OF
STATISTICS AND PROGRAMME IMPLEMENTATION AND
THE MINISTER OF STATE IN THE MINISTRY OF
CHEMICALS AND FERTILIZERS (SHRI SRIKANT JENA):
Sir, I beg to move:
That the Bill to amend the Chemical Weapons Convention
Act, 2000, be taken into consideration.
SHRI BHUPENDER YADAV: I would like to ask that how
there will be a coordination between Chemical Weapons Act and
Weapons of Mass destruction Act This amendment Bill is being
moved so that our National Authority may develope proper working
system to meet the challenges of chemical weapons in the country. A
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latest chemical laboratory should be developed and national security
should be taken care of in this regard. But it does not seem to be
possible. Environmental sustainability is to be maintained while
destroying the chemical weapons. But Environment Department has
not been included in the National Authority for this purpose.
Government should also constitute a high power coordination council
to make this amendment effective.
SHRI NARENDRA BUDANIA: I support this Bill.
Chemical weapons are the most disastrous. These should certainly be
destroyed. India had signed the International Treaty and enacted an
Act in this regard in the year 2000. To avoid the Bhopal like tragedy
we have to monitor the production, utilization and supply of harmful
chemicals. National Authority should be strengthened for this purpose.
SHRI P. RAJEEVE: This amendment Bill intends to give
more powers to the Government. I support the international initiative
to destroy the chemical weapons. But US is using chemical weapons
wherever she wants. Instances of Vietnam and Iraq are before us. I
have certain objections. This amendment Bill gives more power to the
Executive. It will open more avenues for corruption. Several chemical
companies would be free from compulsory registration. There are two
types of chemical weapons, persistent and non-persistent. There
should not be a threshold limit. I hope the Minister will withdraw that
part of the amendment therein he prescribed a threshold limit for the
registration.
SHRI D. BANDYOPADHYAY: I support the Bill, because
we were a signatory of the convention do not give up your ability to
produce because if there is a threat, you have to produce chemical
weapons. But can we go for unilateral action to destroy chemical
weapons by taking execuse of non-violence I have some
apprehension. Could this lead to the leakage of dangerous chemical
weapons to terrorists I am supporting the empowerment of the
Government but against giving exemption to people except direct
Government functionaries. I urge upon the government to take
unilateral stand for destroying all chemical weapons.
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SHRI BAISHNAB PARIDA: I support the Bill. India is one
of the primary members of the international convention to destroy
chemical weapons. After long years of international movement against
arms race, the peace loving countries of the world took the decision to
destroy and prevent further production of harmful weapons. Chemical
weapons are the most dangerous for the existence of humanity. This
Bill will enhances the prestige of India as a peace loving country.
SHRI SANJAY RAUT: I support the Bill. The Bill is long
overdue in view of internal and external threats. The Standing
Committee strongly felt that the threat perception, both internal and
external, being faced by the country. The Government has
incorporated suitable provisions for the security of the country. I do
not know whether RDX comes under the purview of this Bill or not. If
it is not covered, Minister may consider this. The Government should
also work in tandem with other countries for elimination of chemical
weapons on the lines of nuclear arsenal.
SHRI M. RAMA JOIS: The Statement of Objects and
Reasons of the Bill is in conformity with the ancient wisdom. While
engaging in war, we have to follow certain rules. I think, the
prohibition of use of chemicals weapons is in conformity with our
ancient principle of Dharma.
DR. NAJMA A. HEPTULLA: This Bill is regarding
chemicals weapons. We know that there are certain hazardous
chemicals produced by many industries. We can not forget Bhopal
Gas Tragedy. I put only one question. Under the garb of manufacture
of a non-hazardous material, they might be manufacturing a hazardous
material which could be used as a chemical weapon. The Government
should take upon itself this responsibility in respect of not only those
factories which are registered under the Chemical Weapons Act but
also those units which are manufacturing chemicals in other
industries. You must have this provision.
Hon'ble Minister replying to the debate, said: I thank all
the hon. Members who have participated in this debate. This is a Bill
amending the original Act. It was introduced in 2010. It went to the
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Standing Committee. The Standing Committee made certain
recommendations. We adopted those recommendation of the
Standing Committee and, accordingly, we have moved this. I have
taken note of the concerns expressed by hon. Members. India is a
signatory to this Convention. So, we are fulfilling those international
obligations. I hope all the hon. Members will cooperate in the passage
of this Bill.
The Motion for consideration of the Bill was adopted.
Clauses etc. were adopted.
The Bill, as amended, was passed.
V. K. AGNIHOTRI,
Secretary-General.
rssynop@sansad.nic.in
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