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ஜனவரி 21, 2008

Plea against the implementation of Sachar Report in Delhi High Court

http://vivekajyoti.blogspot.com/2008/01/plea-against-implementation-of-sachar.html

Sunday, January 20, 2008

Plea against the implementation of Sachar Report in Delhi High Court

From: R.K. Ohri
Date: 01/16/2008 10:24:33 PM
Subject: Hearing in the PIL filed by Patriots’ Forum against implementation of Sachar Report in Delhi High Court

You will be glad to know that the PIL filed by Patriots’ Forum in Delhi High Court against implementation of Sachar Report ( including Justice Sachar’s blatant recourse to suppressio veri, suggestio falsi) was heard today by the Division Bench of Hon’ble Chief Justice M.K. Sharma and Justice Ms. Reva Khetrapal. Senior Advocate Sri P.N. Lekhi appeared for our Forum, while Central Govt was represented by the Addl. Solicitor General, Sri Gopal Subramaniam.

After hearing the evasive pleas of Addl. Solicitory General and arguments of the Counsel for the Petitioner, Sri Lekhi, the Hon’ble Chief Justice brushed aside the objections brought up by Addl. Solicitor General and directed that Central Govt should file an Affidavit in response to the points raised in the petition. The next hearing has been fixed on 20th February.

Addl Solicitor General’s efforts to foreclose further hearings of the PIL was thwarted by the Sr. Advocate Sri Lekhi who drew attention of the Hon’ble Court to serious flaws in Sachar Report and the disastrous long term consequences of implementing the Committee’s divisive communal agenda.

I had signed and filed this important Writ Petition on behalf of Patriots’ Forum. So I remained present during the hearing of our PIL.

We shall be grateful if this news is conveyed through the medium of your powerful pen to all friends and well wishers of the Indian nation.

As you know, the main points highlighted in our PIL were as follows which might be discussed during further hearings:

i) That constitution of Sachar Committee by the P.M. solely for a religious group, namely the Muslims, was an act violative of the Constitution which does not permit any discrimination on the basis of religion. It was thus a clear violation of the Right to Equality.

ii) That Sachar Committee did not formulate any rational criterion for assessing the relative socio-economic status of different communities and made highly discriminatory recommendations merely on the assumption that Muslims were generallly poor, etc.

iii) That Sachar Committee deliberately concealed the fact that in four globally recognised Human Development Indicators, namely Infant Mortality, Child Mortality, Degree of Urbanisation and Life Expectancy at Birth the Muslims were better placed than the Hindus. Then how can Muslims be considered more dis-advantaged or backward.

iv) There were 2 main reasons for lower per capita income of Muslims. First, according to Census 2001 every Muslim woman is giving birth to at least one more child than her Hindu counterpart because of non-acceptance of smally family norm. Second, as revealed by Census 2001 the work participation of Muslim women was abysmally low, i.e., barely 50% of the work particdipation by Hindu and Christian women. The pathetically low work participation of Muslim women was caused by the diktats of the clergy/ community leaders for staying indoors / burqa. These important facts have been deliberately concealed by Sachar Committee.

v) That the Constitution does not allow any special benefits/ concessions to a minority group beyond what has been expressly granted under Articles 29 and 30, i.e., the cultural and educational rights for establishing their own institutions.

vi) That a domineering religious group, having nearly 15% of the country’s total population, cannot be deemed to be a minority community. According to international norms only a non-dominant ethnic or religious group can claim to be a ‘minority’. The Muslims are certainly not a non-dominant religious graup because they have ruled over India for nearly 1100 years and now suddenly they cannot claim to be backward. They have always been a very demanding and domineering group even during British rule. The Sachar Committee Report aims at bestowing unmerited benefits on the Muslim community, without evolving a rational criterion to assess ‘backwardness’ because of vote-bank politics.

Ram
rkohri@patriotsforum.org

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