Combating
feudal crimes
Jagdish N Singh
When will the notorious local gangs
organizing their own courts, called khap
panchayats, be a thing of the past?
When will such gangsters stop
committing crimes, such as murder, the
threat thereof and social ostracization
of individual non-conformists, in the name of defending
the honour of a particular caste, clan or family ?One hopes
soon.
Recently, the Supreme Court has made very appropriate
observations and guidelines on dealing with such
panchayats. Earlier, the apex Court had voiced its strong
disapproval of these khaps, or village assemblies. It has
already said that the life choices of individual adults,
especially with regard to love and marriage, do not brook
any sort of interference from any quarter. The High Courts of Punjab and Haryana and Madras have laid down
guidelines to the police on creating special cells and 24-
hour helplines to provide assistance and protection to
young couples.
Now the apex Court has rightlyobserved that the khaps
violate the liberty and dignity of individuals. This requires
preventive, remedial and punitive measures. The Court
has asked the police to establish safe houses for couples
under threat. The Court has also empowered the police to
prohibit such (khap) gatherings and effect preventive
arrests. The Court has rightly ruled that deciding what is
permitted and what is not is the job of civil courts, not of The Khaps reflect our old, entrenched social
prejudices, feudal structures and patriarchal attitudes.
They have no space in any civilised state.
khaps.
The predicament of the
disabled
Has the ground reality improved
for the millions of our physically
challenged after our Parliament
passed the Right of Persons with
Disabilities Bill in December, 2016.
Knowledgeable sources say the
number of disabled in India stands
at around 2.68 crore or 2.21 per cent
of the population Census 2011). The
Disability Bill provides for
imprisonment up to two years, along
with a fine between Rs 10,000 and Rs
5 lakh for discriminating against the differently abled. It has increased
the number of recognised
disabilities from 7 to 21, including,
for the first time, disability due to
acid attacks and Parkinson's.
But the benefits of the Act are still
to affect people's lives. Most states
— barring Delhi, Odisha, Rajasthan,
Tamil Nadu, Telangana, Uttar
Pradesh and West Bengal — haven't
even framed draft rights yet.
After the Bill was passed , there
were plans to make at least 50 per cent of government buildings and at least 25 per cent of
public transport disabled-friendly . But most of our
buildings and transport continue to be inaccessible to the
disabled people. Accessibility is a built-in feature for the
metro. But most passenger trains continue to remain
inaccessible.
However, the legislation is not without its advantages .
It has given the disabled the confidence to take on the
odds. There are several examples. In Jharkhand a threeyear-
old girl with locomoter disability was refused
admission by a school. When her parents complained
this to the media, Chief Minister Raghubar Das
intervened and made the authorities admit the girl .
When a Thalassemia patient in Chhattisgarh was
denied admission to a medical college in August 2017 ,
the matter was taken to the Supreme Court . The Court
ruled : "It is the duty of every institution to extend a
helping hand to disabled persons."
Monopoly of the new
affluent
One is eagerly awaiting the
Supreme Court to hear a petition to
exclude the affluent members of the
Scheduled Castes and Scheduled
Tribes from the benefits of our job
reservation policy . The petition, filed
by Samta Andolan Samiti (Rajasthan),
argues that the rich among the SCs/STs
are "snatching away" the benefits of
the original reservation policy from the
really deserving and impoverished
among these communities. In the
process the "weak always remains the
weak and the fortunate layers
consume the whole cake."
In 1992, a nine-judge Bench of the
court in the Indra Sawhney case, or the Mandal case, upheld the caste-based
reservation for the OBCs and said the
creamy layer of the OBCs (those
earning a specified income) should
not get the benefits of reservation.
That ruling confined itself to the
exclusion of the creamy layer among
the OBCs only.
The Samta Andolan Samiti petition
refers to the Constitution Bench's 2006
judgment in the M. Nagaraj case.
Accordingly, the "means test [a
scrutiny of the value of assets of an
individual claiming reservation] should
be taken into consideration to exclude
the creamy layer from the group
earmarked for reservation."
Live-streaming
court proceedings
Eminent lawyer Indira Jaising
deserves applause for having filed a
public interest petition in the
Supreme Court to live stream and
video record cases of national
interest.
One hopes the Court will approve
of the prayers in her petition. This will
enable ordinary citizens to hear firsthand
arguments and concerns raised on matters of national significance in
the court. It will inspire their
confidence in the judiciary. Ours is a
democratic era. The more an
institution is transparent in its
functioning, the better it is for the
confidence of the people in the
system. The higher judiciary all over
the world provides means for viewing
their courtroom proceedings.