SOCIAL
JUSTICE FORUM ON LOKPAL
ROOM NO. 119, INDIAN SOCIAL INSTITUTE,
10 INSTITUTIONAL AREA, LODI ROAD, NEW DELHI-110003
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Dr.
Abhishek Manu Singhvi, Chairperson,
Parliamentary Standing Committee on Personnel, Public Grievances,
Law & Justice, Room No. 201, 2nd Floor,
Rajya Sabha Secretariat, Parliament Annexe, New Delhi-110001.
Kind
Attention:
Shri
K.P. Singh, Director,
Rajya Sabha Secretariat, 201, Second Floor, Parliament House Annexe,
New Delhi – 110 001
Hon’ble
Sir,
I am, herewith, enclosing a copy of the Memorandum of the demands
of Social Justice Forum on Lokpal to the Hon’ble Parliamentary
Standing Committee on Personnel, Public Grievances, Law and Justice,
on the Lokpal Bill, 2011 for due consideration of the Hon’ble
Standing Committee. The above mentioned forum is ratified platform
of nearly forty grassroots organizations of SC, ST, OBC, Religious
Minority communities and Women organizations.
2.
The demands raised by us in the enclosed MEMORANDUM were also deliberated
in both the Houses of the Parliament in the debate on 27. 8. 2011.
3. I, along with the representatives of the SC, ST, OBC and Religious
Minorities and Women’s Organisations listed in the enclosure
are willing and desirous of appearing before the Hon’ble Standing
Committee for oral evidence.
4.
We, therefore, humbly request your Hon’ble Self to grant us
an opportunity to appear before the Committee and present our rightful
demands and genuine aspirations for an inclusive Lokpal Bill to
ensure due representation and concerns of the above mentioned marginalized
communities.
Thanking you,
Yours faithfully,
(Dr. Selvaraj Arulnathan) Secretary
Social Justice Forum on Lokpal, Room No: 119, Indian Social Institute,
10 Institutional Area, Lodi Road, New Delhi – 110 003.
Mob. No: +91 9013496467, Email Id: aselvasj@gmail.com
Encl:
as above
We,
the members of Social Justice Forum on Lokpal (SJFL) comprising
of Dalits, Adivasis, OBCs, Religious Minorities, women and all those
in support of the cause of these marginalized people, affirm that
corruption in all its forms, expressions and ramifications has to
be weeded out/rooted out and for the same an effective Lokpal at
the Centre and Lokayuktas in the states are necessary and even imperative.
It is very shameful and even shocking that corruption is omnipresent
in every fabric of our power structure especially in the inequalities
that determine social, political and economic processes. Corruption
in both public and private domains is a matter of great concern
for all citizens, particularly Dalits, Adivasis and other marginalized
communities.
We,
the citizens belonging to the marginalized communities, are subjected
to all forms of corrupt practices that include discrimination, exclusion,
and denial of access to rights, entitlements and human dignity.
We believe that these are the worst forms of corruption than those
mentioned in various Lokpal Bills. The very definition of corruption
tends to ignore the forms which subjugate and further marginalize
the weaker sections. Hence the definition should be widened to include
all forms of discriminatory and exclusionary practices both in public
and private sectors. Also utmost care should be given to include
all forms of corruption in public and private sectors in the final
Lokpal Bill. Therefore, we demand that corporate frauds like misappropriation
of natural resources, accumulation of black money, tax evasion and
negligence of corporate social accountability should be included
within the ambit of revised Lokpal Bill.
Our
experience clearly indicates that law alone cannot eradicate those
forms of corruption that dehumanize, discriminate and enslave people
in the government as well as in the private sectors. We need to
challenge and change those systems and structures that promote,
justify and perpetuate corruption especially caste based discrimination
and atrocities against Dalits and Adivasis. On the other hand, values
such as social equity and equality should be promoted, strengthened
and safeguarded.
There are ample evidences and instances to assert that Dalits and
Adivasis are often made victims of false implications due to their
social and political vulnerability and caste prejudices and perversion.
Hence, it is imperative that there should be adequate legal and
other safeguards in the Bill to protect the interests and sovereignty
of Dalits, Adivasis and OBC’s and religious minorities.
Hence, we demand that the revised draft takes into account the perspectives
and rightful constitutional safeguards of Dalits, Adivasis, OBCs,
Religious Minorities and Women (and their interests) and also incorporate
their proportionate representation both in the Search Committee/
selection committee in the Lokpal and its investigating agencies.
The
Constitution of India, framed by the Founding Fathers of the Nation
under the esteemed leadership of Dr. Babasaheb Ambedkar is still
the best suited document of governance with its Parliamentary systems
and practices. The special provisions for the protection and advancement
of Dalits, Adivasis, OBCs, Religious Minorities and Women including
reservation system are important tools to ensure social justice
in the country. This aspect should never be sacrificed or weakened
under any circumstance and for any reason whatsoever. This will
amount to gross violation of all Human Rights laws and dictates
of the inalienable qualities of humanity.
We
learn that there are different versions of Lokpal Bills (The Lokpal
Bill by the Government, Jan Lokpal Bill by Anna Hazare Team and
the NCPRI’s Bill by Aruna Roy and others) under consideration.
We demand that the concerns and constitutional safety net of all
the marginalized communities are respected and given utmost importance
and priority in drafting the Anti-Corruption Bill.
We
also urge that the various versions of the Lokpal Bill drafted by
various groups, including Jan Lokpal Bill require detailed and elaborate
discussion, debate and public scrutiny before it is enacted as law.
We urge that Lokpal Bill is a very serious issue and it should be
discussed in an open and transparent manner in order to ensure the
diverse opinions of all stakeholders. We believe that the Parliament
and the Standing Committee are important constituencies in creating
this space. Any hasty and haphazard decision and enactment of the
bill under any pressure will certainly create a wedge in the society
and lead to greater damage to the cohesiveness of the nation and
destroy the highly celebrated values of Indian nationalism and dearly
nurtured sentiment of unity in diversity.
Therefore
we demand the following measures within specified time frame:
The Government of India should; 1. Withdraw the Draft Lokpal Bill,
2011 and dissolve the Parliamentary Standing Committee set up to
consider the Bill.
2. Constitute new Drafting Committee consisting of previous members
of the drafting committee from the Government and civil society
groups (Team Anna) in addition to representatives of different political
parties and wider civil society organizations including representatives
from SC, ST, OBC, Religious Minority communities and Women.
3. The revised draft adopted by the new Drafting Committee shall
be placed before the Parliament; and the Parliament can refer the
revised Bill to a new Parliamentary Standing Committee for wider
consultations with various groups and communities, political parties
within specified time.
4. There should be due representation of SCs, STs, OBCs and Religious
Minorities and Women in the Lokpal Search committee, in its Selection
Committee and its investigating agencies.
5. The definition of corruption should be expanded to include corporate
corruptions, corruption in NGOs, corruption in Media, corruption
in Panchayats, Municipalities, Municipal Corporations, other autonomous
local bodies and judiciary, the discriminatory and exclusionary
practices suffered by SC/ST/OBC and Religious Minorities, exploitation
of labour like bonded labour, forced labour, and all other forms
of exploitation and discrimination.
6. Corruption should also include non-utilisation of funds/mis-utilisation
of funds, diversions of funds meant for Schedule caste under Special
Component Plan (SCP) and Tribal Sub-Plan (TSP).
7. Corruption should also include the discriminatory practices observed
in the education institutions from Primary education to higher and
professional education. Denial of reservation, fraudulence in the
affirmative action against SC/STs/OBC/ and Religious Minorities,
ill-treatment of students from the above communities, and threat
to their safety and interest in and outside such educational institutions
should also be treated as corrupt practice and stringent action
should be taken against the perpetrators of such practices, institutions
and teachers/professors who practice, encourage others to practice
and also neglect such injustice when brought to their notice.
8. In the present system employees belonging to SC, ST, OBCs and
Religious Minority communities are victimised due to prejudices
against them. We, therefore, demand that the complaints received
against persons belonging to these communities should be first sent
for vetting to the Constitutional bodies established for the protection
of these groups.
(Dr. Selvaraj Arulnathan)
Secretary
Social Justice Forum on Lokpal
Room No: 119, Indian Social Institute,
10 Institutional Area, Lodi Road
New Delhi – 110 003
Mob. No: +91 9013496467
Email Id: aselvasj@gmail.com
On
Behalf of Social Justice Forum on Lokpal
1. Dr. Selvaraj Arulnathan, Secretary, Indian Social Institute,
New Delhi-110003.
2. Prof. Vivek Kumar, Common Concern, New Delhi.
3. Paul Divakar, General Secretary, National Campaign on Dalit Human
Rights (NCDHR), New Delhi.
4. Adv. Rajendra Gautam, National Secretary, Samta Sainik Dal, New
Delhi.
5. Dr. Sunil Sardar, Satya Shodak Samaj, South Extension-II, New
Delhi
6. Dr. (Smt.) Vimal Thorat, Dalit Lekhak Sangh, New Delhi
7. Anusuchit Jati Anusuchit Janjati Adhikari Karamchari Sangh (AJJAKS),
Madhya Pradesh.
8. Dr. SDJM Prasad, General Secretary, NCDHR-National Dalit Movement
for Justice,
9. Asha Kowtal, All India Dalit Mahila Adhikar Manch, NCDHR, New
Delhi.
10. Anand Rao, All India Forum for Dalit Human Rights, New Delhi.
11. Teesta Seetalvad - People’s Union for Human Rights, Mumbai.
12. Justice BG Kolse Patil, Pune
13. Javed Anand – Communalism Combat and Sabrang, Mumbai.
14. Franklin Caesar Thomas, National Council of Dalit Christians
15. Shri Mahender Singh Badgurjar, President, IT SEWA, Delhi.
16. P.S. Krishan, IAS (retired), Former Secretary, Govt of India
17. Ashok Bharti, National Confederation of Dalit Organisations
18. Nanak Chand, National Action Forum for Social Justice, Dehradun.
19. Prof M. H. Jawahirullah MLA- President, Manithaneya Makkal Katchi,
TN.
20. Mr. Suresh Bhosale, Friends of Society (General Secretary),
Mumbai.
21. Mr. Sumedh Jadhav, Friends of Society (President)
22. Mr. Suresh Sawant, Republican Party of India (National Organiser),
Mumbai.
23. Adv. Pandit Lokhande -Legal Aid-Centre (Chief), Mumbai.
24. Mr. K. K. Sitasawant- Educationist, Mumbai.
25. Mr. Kiran Channe - Dena Bank SC/ST (Organiser), Mumbai.
26. Mr. Arvind Nikalaje- Dalit Poet, Mumbai.
27. Mr. J. V. Pawar- Dalit Writer, Mumbai.
28. Mr. Sharad Gaikwad- Journalist and Activist, Mumbai.
29. Mr. Sambhaji Bhagat- Vidrohi Sanskrutik Chalval (Folk Singer),
Mumbai.
30. Smt. Urmila Pawar- Dalit Author, Mumbai.
31. Smt. Heeratai Pawar- Activist, Mumbai.
32. Smt. Ushatai Ambore- Ambedkari Mission (Activist), Mumbai.
33. Sri. Paramjit Singh, Dalit Intellectuals Forum for Human Rights,
Delhi.
34. Sri. Bujpal, National Vice President, Bahujan Diversity Mission,
New Delhi.
35. Major Somnath, President, Ambedkar Mission, Gurdaspur, Punjab.
36. Shri Jitendar Kumar, General Secretary, Ambedkar Chetna Manch,
Dina Nagar, Distt. Gurdaspur, Punjab.
37. Sri Kewal Krishan, Secretary, Ambedkar Sewa Manch, Gurdaspur,
Punjab
38. Sri. Sudesh, Sabana Foundation, New Delhi.
39. Dr. Sudesh, MARGDARSHAN, Kotla, New Delhi.
40. Dr. Ravinder Singh, Manav Care Foundation, New Delhi
41. Mr. Braham Pal, All India P&T SC and ST Federation, Jhandewalan,
Karol Bagh, New Delhi-110005.
Posted on September 12, 2011
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