The Conundrum Of Preferential Treatment Within Scheduled Castes

first_imgColumnsThe Conundrum Of Preferential Treatment Within Scheduled Castes Manwendra Kumar Tiwari1 Sep 2020 10:22 PMShare This – xOn 27 August 2020, in the case of State of Punjab v. Davinder Singh, a Constitution bench of five judges of the Supreme Court of India referred the question of preferential treatment by the States, among Scheduled Castes (SC) of few castes within Scheduled Caste for the purposes of reservation, to a larger bench of seven or more judges for deciding the constitutionality of the issue….Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginOn 27 August 2020, in the case of State of Punjab v. Davinder Singh, a Constitution bench of five judges of the Supreme Court of India referred the question of preferential treatment by the States, among Scheduled Castes (SC) of few castes within Scheduled Caste for the purposes of reservation, to a larger bench of seven or more judges for deciding the constitutionality of the issue. The bench unanimously was of this view that giving preference to most backward castes among SCs is a legitimate means of ensuring that the benefit of reservation trickles down to the last person standing in the social ladder. A Constitution bench of five judges of the Supreme Court in E. V. Chinnaiah v. State of Andhra Pradesh (2005) had declared any classification within SCs for the purposes of reservation to be unconstitutional, as the court held it to be tinkering with the Presidential List under Article 341 of the Constitution, which accords to the President of India the right to include caste, races or tribes within the list of SC. The Supreme Court in Davinder Singh held it to be an erroneous understanding of the constitutional position. Reservation in public employments in India has always been contentious for allegedly ignoring ‘merit’ and promoting caste divisions and consequently making caste identities stronger. Along with this central question which has been settled by the legislature and courts in India justifying caste as a relevant tool for identifying social backwardness for reservation in public employment, there are other sub-issues also with which the legislatures and the judiciary in India still continues to grapple. The preferential treatment among SCs of few castes within Scheduled Caste is one such contentious issue. Preferential treatment among other backward classes (OBC) of non-creamy layer is also a settled issue whereby the creamy layer among the OBCs have been excluded from the purview of reservation. Reservations are considered to be the means of social upliftment for the socially marginalized classes in the Indian society. However, since reservation results in the immediate economic upliftment of the beneficiaries, it ostensibly appears to be a policy of economic upliftment as well. Further, the bringing of creamy layer idea for excluding economically affluent among the OBCs also muddles the argument of reservation being a tool for social upliftment only and not economic upliftment. Prof Ashwini Deshpande a leading public intellectual who has written extensively on the issue of reservation, in an interview to the Hindu (13 December, 2019) has said that reservation is not an anti-poverty programme. According to him the social reality in which Dalits in India live, is far removed from that of OBCs. In case of OBCs, the social backwardness is primarily due to economic backwardness and therefore once a certain economic threshold is attained, the social discrimination is largely not there. In Dalits however, the economic affluence does not lead to overcoming the barriers of social discrimination. Prof Sukhdeo Thorat, former Chairperson of UGC, in the same interview to the Hindu, also argued that the policy of reservation is against discrimination and therefore, it is not for economic considerations. He cites the example of reservation for women, by saying that women while arguing for reservation do not argue for the exclusion of women who are economically better-off. It is because they have been discriminated based on gender, poor or non-poor. The issue of exclusion of economically better-off among SC is therefore not same as exclusion of economically better-off among OBCs. The understanding is that SC is a homogenous group and therefore finding more backward castes within SC for preferential treatment over other not so backward castes is an incorrect and flawed exercise. The argument of exclusion of better-off among Scheduled Castes in India presently operates in two contexts, one wherein, the legislature of a State gives preferential treatment by law to certain castes among SCs over other castes within SC based on some empirical data. People from these castes in general have been found to be lagging behind the social ladder by not being able to be the beneficiary of reservation owing to the opportunities not trickling down to them. The other issue is that of excluding all the economically better-off among SCs by bringing the creamy layer doctrine to SCs as well. In this approach, there will not be any exclusion within SC based on caste, as the parameter is purely individualistic and economic, whereas in the first context, a person not belonging to creamy layer may also be excluded from the preferential treatment, if her caste has been found to be among the beneficiary of reservation, as a group. The Supreme Court in Davinder Singh, however, erroneously declared the preferential treatment of most backward castes over other castes within SCs to be “in substance an application of the principle of creamy layer.” Apart from the argument of Supreme Court and State legislatures in India confusing reservations to be a means of economic upliftment for SCs, the other apparent problem has been the inconsistency pertaining to the argument of institutional propriety emanating from respect for the past decisions of the Supreme Court, while dealing with this issue. The five judge bench in Davinder Singh while referring the issue to a larger bench of seven or more judges for reconsideration, noted that since E. V. Chinnaiah judgment was also delivered by a five judge bench, it cannot overrule E. V. Chinnaiah. The Court in Davinder Singh found the judgment in E. V. Chinnaiah to be contrary to the judgment of nine judge bench of the Supreme Court in Indra Sawhney v. Union of India (1992), yet rightly respecting the institutional propriety, it decided that being a five judge bench, it cannot overrule another judgment of the Court given in E. V. Chinnaiah, which was also delivered by a five judge bench. In September 2018, the five judge Constitution bench of the Supreme Court in Jarnail Singh v. Lachhmi Narain Gupta, while faced with the question of whether to refer a five judge Constitution bench verdict of the Supreme Court delivered in M. Nagaraj v. Union of India (2006) to a larger bench, decided to overrule it itself, without referring the contentious issue to a larger bench. The Court in Jarnail Singh did so on the pretext that the judgment of the Court in M. Nagaraj was contrary to the judgment of nine judge bench of the Supreme Court in Indra Sawhney v. Union of India (1992). The irony could not have been so evident in the approaches adopted by the Supreme Court in Jarnail Singh and Davinder Singh. The question before the Supreme Court in Jarnail Singh was the correctness of the decision in M. Nagaraj, where the Supreme Court had held that if any State wishes to give reservation in promotion to SCs or Scheduled Tribes (STs), it must do so after collecting quantifiable data showing backwardness of the class and inadequacy of representation of that class in public employment. It had further added that the reservation in promotion must also ensure that the efficiency in administration is not affected as per the mandate of Article 335 of the Constitution of India. The Supreme Court in Jarnail Singh held this to be an erroneous reading of the judgment of the Court delivered in Indra Sawhney. Interestingly though, from nowhere, the Supreme Court introduced the creamy layer principle in the reservation in promotion to SC/ST and therefore held that reservation in promotion cannot be accorded to creamy layer among SCs/STs. The Court in Jarnail Singh noted that if creamy layer in SCs and STs bag all the coveted jobs leaving the most backward among them at the same place where they were, reservation will become a tool for self-perpetuation for the creamy layers among the SCs/STs. The Court in Jarnail Singh also held that, applying creamy layer to SC/ST does not tinker with the Presidential list under Articles 341 and 342 of the Constitution. Interestingly, though the Court in Jarnail Singh, held E. V. Chinnaiah to be unrelated to what it was adjudicating upon. Such inconsistencies apart in the application of the doctrine of judicial precedent, the jurisprudence on the question of preferential treatment by the States, among SCs of few castes within SC for the purposes of reservation, appears to be completely muddled. The Supreme Court must take judicial notice of the fact that despite this alleged argument of creamy layer among SCs not allowing the benefits of reservation to trickle down to most backwards among SCs, why do we have so many reserve posts in the Government jobs meant for SCs/STs, remaining vacant. Hopefully, the seven judge bench to which the matter has now been referred would take a holistic view and even examine the correctness of M. Nagaraj and Jarnail Singh, apart from reviewing E. V. Chinnaiah.Views are personal only.(Author is an Associate Professor at Dharmashastra National Law University, Jabalpur) Next Storylast_img read more

Death of Fat Cells

first_imgA team of University of Georgia researchersis the first to find that the hormone leptin causes the programmed deathof fat cells rather than simply reducing their size.The discovery helps explain why rats injected with leptin stay thinlong after treatment has stopped. It could play a significant role in usingleptin to treat obesity, said CliftonBaile, a UGA professor of foods and nutrition and animal science.Research on leptin has exploded in the two years since it was firstdiscovered by Rockefeller University researchers. The hormone is producedby the body’s fat cells and travels through the blood stream to the brain.Animals treated with leptin eat less, lose weight and expend energy ata higher rate.Pharmaceutical companies have invested hundreds of millions of dollarsresearching the use of leptin to treat obesity. Leptin-based medicationis expected to be available within five years.The UGA team’s findings about leptin’s effect on fat cells began afterHao Qian (pronounced Hall Chin), joined the UGA faculty a year ago. Qianspent several months researching apoptosis (programmed death) of spinal-cordcells following injuries.In general, apoptosis is a routine process that occurs in most tissues.It’s what causes leaves to fall from trees in autumn. It’s also how thebody eliminates diseased or unnecessary cells, such as a mother’s milk-secretingmammary cells after a baby is weaned.Apoptosis was first revealed in 1972. However, extensive research onthe role it plays in a variety of organisms didn’t begin until 1992. Thatexplains why Qian’s hypothesis about leptin’s role in the destruction offat cells was so novel.”When Hao first suggested that the fat cells’ reaction to leptin lookedlike apoptosis, we didn’t think he was right,” Baile said. However, theteam developed a series of experiments to test the hypothesis.The UGA scientists injected one group of rats with leptin, placed asecond group on a low-calorie diet and gave a third, untreated, group normalamounts of food.In comparing the DNA of the rats’ fat cells, the cells of the leptin-treatedrats clearly showed apoptosis. But the rats in the low-calorie diet andcontrol groups showed no signs of it.”The only cells affected in the leptin-treated rats were the fat cells,”Baile said. “Cells in the liver, kidney and heart, as well as both smoothand skeletal muscle were not affected. This was true in male and femalerats, young rats and older rats.”A problem with most treatments for obesity is that once the treatmentis stopped, the individual begins gaining weight almost immediately,” Bailesaid. “However, with leptin, that’s not the case.”Baile said it takes weeks for the leptin-treated rats to recover thefat they lose. “We’ve had trouble finding any fat cells in rats withinfive days of treatment,” he said.The scientists presented their results Oct. 27-28 in San Diego at theAnnual Conference on Apoptosis. They also presented some of the researchat a September workshop sponsored by the National Institutes of Healththat focused on the brain and fat cells. The research will appear in thescientific journal, Endocrinology, later this year.last_img read more

Newsreader Sandra Sully sells Gold Coast investment properties

first_imgThe balcony of one of the units Sandra Sully has sold on the Gold Coast.Marketing agent Gareth Denning of Ray White Broadbeach/Mermaid Waters declined to comment on the sales.The couple still owns another unit in Broadbeach, which they bought for $740,000 in 2011 and which was last offered for lease for $585 a week. Sandra Sully and her husband have sold three units in this Broadbeach building.The Ten Network journalist started buying into the block of six units in 2006. They were marketed as a “buy one or buy them all” potential development opportunity to secure half a building on a 600 sqm block. BRISBANE BEAT SYDNEY LAST QUARTER Sandra Sully with husband Symon Brewis-Weston. Picture: Jonathan Ng.The units, which were taken to auction on December 9 through Ray White, sold for a total of $1.38 million.Their top floor unit in the complex sold under the hammer for $468,000. GET THE LATEST REAL ESTATE NEWS DIRECT TO YOUR INBOX HERE More from newsParks and wildlife the new lust-haves post coronavirus22 hours agoNoosa’s best beachfront penthouse is about to hit the market22 hours agoSandra Sully and her husband have sold this unit in Broadbeach.Records show Sully and Brewis-Weston bought the apartment in both of their names earlier this year for $415,000 and was previously owned by Sully’s parents.The ground floor apartment sold for $452,500 and the second-floor unit fetched $460,000.Records show Sully paid $410,000 and $361,500 for them, respectively. HOW TO WIN AT AUCTION center_img Sandra Sully has sold part of her Gold Coast property portfolio. Pic: Christian Gilles.BRISBANE-BORN newsreader Sandra Sully and her husband, FlexiGroup chief Symon Brewis-Weston, have sold a chunk of their Gold Coast investment portfolio.The couple has sold three, two-bedroom units in Parkdale Apartments, which is walking distance from the beach at 12 Chelsea Ave, Broadbeach. The units Sandra Sully has sold on the Gold Coast are a street back from the beach.last_img read more

Agency knew of carer’s sex crime

first_imgStuff.co.nz 28 Sep 2012Two Palmerston North children were left in the care of a convicted child sex offender for more than a year before Child, Youth and Family responded to their mother’s pleas to intervene. The mother alerted CYF in June last year when she discovered two of her three children were being cared for by their paternal grandfather, who is a convicted child sex offender. The man served seven years in prison from 2002 for historical sex offences, including rape. His victims were his two stepdaughters, one of whom was aged only 9 when the offending began. CYF intervened last month, and has admitted it should have acted sooner. The woman said she repeatedly told CYF workers her children were being left in their grandfather’s care while her former partner, with whom she has a shared custody arrangement, worked night shifts. The children were not in CYF care, but the agency had been working with the family since March. CYF operations general manager Marama Edwards said the woman raised concerns with the agency about the grandfather’s past in June, 2011 and January this year. “In raising this she also stated, on more than one occasion, that she didn’t feel this person’s history was an issue.” A Palmerston North Maori Women’s Refuge staff member has confirmed the refuge had been advocating on behalf of the woman since February. “We have looked into the circumstances of this case and, at the time, we should have completed a more thorough assessment of the children’s care arrangements,” Ms Edwards said. “A full safety plan is now in place.”….She said her experience had shattered her confidence in systems she had trusted. “That’s why New Zealand has a high rate of child abuse, because it is like this,” she said. “It has taken me going to the media to get them to do their job properly.”http://www.stuff.co.nz/national/7743464/Agency-knew-of-carers-sex-crimelast_img read more

Duke players file federal civil suit over rape charges

first_imgA high-profile rape case turned into a civil-rights case on Friday as three former lacrosse players at Duke University filed a federal lawsuit against former District Attorney Michael B. Nifong, the city of Durham, N.C., and 12 other defendants. In a 162-page complaint, Reade Seligmann, Collin Finnerty and David Evans sought redress for what they described as “one of the most chilling episodes of premeditated police, prosecutorial, and scientific misconduct in modern American history.” The plaintiffs requested an unspecified amount of money to cover legal fees, as compensation and punitive damages, as well as “whatever additional relief the Court may deem proper.” They reportedly had demanded $30 million during settlement talks with the city, but the two sides could not agree on terms. The proposal far exceeded the city’s insurance policy for “wrongful action,” leaving it in a financial bind, according to those reports. The students are also demanding an overhaul of the city’s system of law enforcement, including measures to improve transparency, establishment of a citizen review board and the appointment of an independent monitor to oversee the Durham Police Department for 10 years. The monitor would have wide authority over policy, senior staffing and training. The defendants, who include the city’s police commissioner, two police detectives and the chief of the private lab that performed DNA tests for the case, “willfully ignored and were deliberately indifferent to overwhelming evidence of plaintiffs’ actual innocence,” the complaint said. 160Want local news?Sign up for the Localist and stay informed Something went wrong. Please try again.subscribeCongratulations! You’re all set!last_img read more

Presidential transition

first_img 160Want local news?Sign up for the Localist and stay informed Something went wrong. Please try again.subscribeCongratulations! You’re all set! AD Quality Auto 360p 720p 1080p Top articles1/5READ MOREBlues bury Kings early with four first-period goals Will he perpetuate the failed ideology that has driven good jobs and the middle class from Los Angeles, or will he push for policies and programs that improve economic opportunity and create a healthier city? Will he be a slave to public-employee unions or a servant of the people? These are critical questions for every elected official to answer, especially one who can wield as much influence as the president of the City Council. He only has one vote, like the other 14 council members, but he controls the agenda, runs the meetings, makes assignments to council committees, gets to make appointments to commissions, and in general is the face of the council. Garcetti has always appeared to be interested in a clean and open government. This is his chance to make city government accountable to the people for its decisions. The future of Los Angeles hangs in the balance of the actions he and other officials take in the next few years. After four years, Los Angeles City Council President Alex Padilla is stepping down, anointing Councilman Eric Garcetti as his successor. Since Padilla is campaigning for a seat in the state Senate, this is only appropriate. And seeing that Garcetti appears to have lined up the votes to win the post, Padilla had little choice but to step aside at the end of the year. That leaves open the question of what kind of leadership the councilman from Hollywood will provide. Will he try to give life to his personal, very liberal views, or seek to balance out the interests of all segments of this diverse city? last_img read more

Introduce Friends to Geocaching with this 1 Free App

first_img SharePrint RelatedGeocaching on the Go – Geocaching.com Weekly NewsletterAugust 15, 2012In “Groundspeak’s Weekly Newsletter”So Long “Intro” — Meet the Geocaching® AppMarch 9, 2016In “News”DIY “Wow Power” for Your Next LogJune 8, 2014In “Geocaching Quizzes” Geocaching has never been easier to share or take along on a spontaneous adventure.The official Geocaching Intro apps for Android, iPhone and Windows Phone serve up beginner geocaches. The app is loaded with helpful advice, tips and videos to turn muggles into geocachers in just a few clicks. The apps offer your friends everything they need to launch on a geocaching adventure. Use the app to search for Traditional geocaches, navigate to their locations and log finds. Now when friends ask about geocaching, you can say, “download the official Geocaching intro app, and I’ll show you all about it.” Or say something even wittier, maybe even add a joke. Your friends like jokes.If you’re a Geocaching Premium Member the intro app offers even more features, like access to all Traditional geocaches regardless of terrain or difficulty, including Premium Member Only Traditional caches. Download the app for your phone now, and begin a geocaching adventure anywhere.Share with your Friends:Morelast_img read more

Tata makes worker safety wearable available to competitors

first_imgOther industrial companies will be able to purchase Tata Group’s own wearable for factory workers, in a new move to boost the Indian giant’s hardware sales.Last year, Tata launched a wearable for its own workers to reduce accidents. It is able to track heart rate, temperature, movement, fall detection, and ambient gasses in the vicinity.See Also: Is Nokia growing into contender in emerging tech?Even though workers and unions were worried about Tata’s ability to snoop on workers at the start, both eventually caved in and the device is now quite popular in the factories, according to Tata.The wearable has watch functionality—apparently a popular feature for low-paid factory workers—and is built to sustain damage. It doesn’t do much outside of the workplace apart from show the time.A whole new revenue stream?The firm is hoping that with its almost ubiquitous brand identity in India, it will be able to sell the units to smaller factories. Miners and freight companies are two major industries targeted by Tata with the wearable. Although some targeted client industrial players may compete with the Indian conglomerate, the wearables focus could be an untapped revenue stream.“For these programs, we are looking at potential revenue of $1 billion and a profit of $100 million is possible,“ said Tata Group technology chief Gopichand Katragadda to the Economic Times. “Right now, our partner for go-to-market is Tata Communications. We are working on the pricing model. What might work in a B2B model is a monthly subscription rather than a certain price.“Industrial wearables and IIoT devices are starting to become more prevalent, as owners start to look for ways technology can reduce accidents and improve productivity. Related Posts The Ultimate Checklist on Ways to Prevent IoT D… David Curry 5 Industries Destined for Technological Disruptioncenter_img Tags:#factory#industrial#smartwatch#Tata Group#wearable How IoT Will Transform Cold Chain Logistics For… Electronic Design is Utilizing AI-Enabled Solu…last_img read more