Supreme Court should watch it and introspect

Subhas Chandra Pattanayak

My animadversion on judicial emphasis on working of the SC and ST (Prevention of Atrocities) Act only if a case is prima facie made out is now more relevant.

From a posting in social media facebook I am loading a video for your perusal. It is with an intro as reproduced below:

After the March 20th verdict of the Supreme Court, this has happened in Orissa’s Simulia in presence of the area Police personel including their Officer and Tahsildar, who is by virtue of his position a Magistrate.

The Supreme Court should watch it and introspect.

The unprecedented protest should make the Supreme Court know where the shoe pinches

Subhas Chandra Pattanayak

For the first time, the Indian Republic witnessed that the tortured victims of caste supremacism have reached the last limit of tolerance and if the judiciary takes them for granted, reaction shall be fearsome. Dalits’ acrid agitation on 2nd April against alleged dilution of SC & ST (Prevention of Atrocities) Act ,1989 by the Supreme Court in its 20th March verdict, should be read as a warning against caste apartheid they are being constantly subjected to in India.

It is a shame that in the Republic of India, the members of the Scheduled Castes and Scheduled Tribes, whose massive contribution to martyrdom has brought independence to our country on which the Republic stands, are treated as sub-humans and are being forced to live under the mercy of upper-caste chauvinists.

When the 1989 Act was framed, they were being forced by upper-caste people to live like animals The atrocities they were being subjected to were enumerated though incompletely, in the Act itself, that provided for imprisonment and fine to whosoever of the non-SC and non-ST segment,

1. forces a member of a Scheduled Castes or a Scheduled Tribes to drink or eat any inedible or obnoxious substance;
2. Acts with intent to cause injury, insult or annoyance to any member of a Scheduled Caste or a Scheduled Tribe by dumping excreta, waste matter, carcasses or any other obnoxious substance in his premises or neighborhood;
3. Forcibly removes clothes from the person of a member of a Scheduled Caste or a Scheduled Tribe or parades him naked or with painted face or body or commits any similar act which is derogatory to human dignity;
4. Wrongfully occupies or cultivates any land owned by, or allotted to, or notified by any competent authority to be allotted to, a member of a Scheduled Caste or a Scheduled Tribe or gets the land allotted to him transferred;
5. Wrongfully dispossesses a Scheduled Caste or a Scheduled Tribe from his land or premises or interferes with the enjoyment of his right over any land, premises or water;
6. Compels or entices a Scheduled Caste or a Scheduled Tribe to do ‘begar’ or other similar forms of forced or bonded labour other than compulsory service for public purposes imposed by Government;
7. Forces or intimidates a member of a Scheduled Caste or a Scheduled Tribe not to vote or to vote a particular candidate or to vote in a manner other than that provided by law;
8. Institutes false, malicious or vexatious suit or criminal or other legal proceedings against a Scheduled Caste or a Scheduled Tribe;
9. Gives any false or frivolous information to any public servant and thereby causes such public servant to use his lawful power to the injury or annoyance of a Scheduled Caste or a Scheduled Tribe;
10. Intentionally insults or intimidates with intent to humiliate a Scheduled Caste or a Scheduled Tribe in any place within public view;
11. Assaults or uses forces to any woman belonging to a Scheduled Caste or a Scheduled Tribe with intent to dishonor or outrage her modesty;
12. Being in a position to dominate the will of a Scheduled Caste or a Scheduled Tribe and uses that position to exploit the sexually to which she would not have otherwise agreed;
13. Corrupts or fouls the water of any spring, reservoir or any other source ordinarily used by members of the Scheduled Castes or the Scheduled Tribes so as to render it less fit for the purpose for which it is ordinarily used;
14. Denies a member of a Scheduled Caste or a Scheduled Tribe any customary right of passage to a place of public resort or obstructs such member so as to prevent him from using or having access to a place of public resort to which other members of public or any section thereof have a right to use or access to;
15. Forces or causes a Scheduled Caste or a Scheduled Tribe to leave his house, village or other place of residence”

Had there been no atrocities, there would never have been this law.

Despite the law, upper-caste people have not changed their minds and mentality, be they private or Police, mandarins or ministers, legislators or jurists. Taking this reality into mind, the 2013 Amendment Bill brought in through an Ordinance had admitted in its Objects and Reasons that,

procedural hurdles such as non-registration of cases, procedural delays in investigation, arrests and filing of charge-sheets and delays in trial and low conviction rate on account of which inspire of deterrent provisions, atrocities against Scheduled Castes and Scheduled Tribes continues as disturbing level which necessitates the amendment in the Act.

But the Bill had to lapse in 2014 as the Ordinance could not be replaced in parliament. Atrocities continued more brutally. The 2015 Amendment was, therefore , made to include new definitions, new offenses, re-phrasing of existing sections and expanding of the scope of presumptions while providing for Institutional strengthening, establishing rights of victims and witnesses, strengthening preventive measures and a new section on Appeals. The Amendment was enforced with effect from 26.1.2016.

The key features of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, are:

(1) New offences of atrocities like tonsuring of head, moustache, or similar acts which are derogatory to the dignity of members of Scheduled Castes and Scheduled Tribes, garlanding with chappals, denying access to irrigation facilities or forest rights , dispose or carry human or animal carcasses, or to dig graves, using or permitting manual scavenging, dedicating a Scheduled Caste or a Scheduled Tribe women as devadasi, abusing in caste name, perpetrating witchcraft atrocities, imposing social or economic boycott, preventing Scheduled Castes and Scheduled Tribes candidates from filing of nomination to contest elections, hurting a Scheduled Castes/Scheduled Tribes woman by removing her garments, forcing a member of Scheduled Caste/Scheduled Tribe to leave house , village or residence, defiling objects sacred to members of Scheduled Castes and Scheduled Tribe, touching or using words, acts or gestures of a sexual nature against members of Scheduled Castes and Scheduled Tribe.

(2) Addition of certain IPC offences like hurt, grievous hurt, intimidation, kidnapping etc., attracting less than ten years of imprisonment, committed against members of Scheduled Caste/Scheduled Tribe, as offences punishable under the PoA Act. Presently, only those offences listed in IPC as attracting punishment of 10 years or more and committed on members of Scheduled Caste/Scheduled Tribe are accepted as offences falling under the PoA Act.

(3) Establishment of Exclusive Special Courts and specification of Exclusive Special Public Prosecutors also, to exclusively try the offenses under the PoA Act to enable speedy and expeditious disposal of cases.

(4) Power of Special Courts and Exclusive Special Courts, to take direct cognizance of offense and as far as possible, completion of trial of the case within two months, from the date of filing of the charge sheet.

(5) Addition of chapter on the ‘Rights of Victims and Witnesses’.

(6) Defining clearly the term ‘willful negligence’ of public servants at all levels, starting from the registration of complaint, and covering aspects of dereliction of duty under this Act.

(7) Addition of presumption to the offenses –If the accused was acquainted with the victim or his family, the court will presume that the accused was aware of the caste or tribal identity of the victim unless proved otherwise.

DESPITE all such legal provisions, the SC and ST population is facing atrocities that Courts have failed to stop. From the Annual Report, 2016-17 published by the Department of Social Justice and Empowerment, Ministry of Social Justice and Empowerment, Govt. of India, it transpires that in 2015, out of 15638 cases decided by Courts , 11024 cases resulted in acquittals. This means, the prosecuting machinations are so rampant against the victims of atrocities that despite charge-sheets framed on irrefutable evidences on the spot, 11024 cases our of 15638 cases had to end with rewards of acquittals to the tormentors in the courts in 2015. That, this year, according the above mentioned official report, 495 cases were withdrawn, is enough for us to assume that the poor victims were so much frightened that they had no other way than withdrawing their cases.

In the circumstances, requiring a poor victim of atrocities to make out a prima facie case as a prerequisite to prosecution under the POA Act, may lead to nullification of the purpose of the Act.It may bring in not only legal but also political upheavals that India would best desire to avoid.

In order to know where the shoe pinches, the Supreme Court should institute an inquiry into why 11024 cases out of 15638 cases of atrocities lodged by SC and ST population against their tormentors failed in 2015 and why as many as 495 cases were withdrawn. If the Supreme Court is really for supremacy of the Constitution, the caste system must immediately be quashed and every privilege claimed and enjoyed by the name of any caste be declared unconstitutional and extinguished. Till then, under no pretense, the SC & ST (Prevention of Atrocities) Act should be interfered with.

Culture Secretary requested to complete the inquiry against D.P.Pattanayak

Roving Reporter

Bhasha Andolan Chairman Subhas Chandra Pattanayak met the Culture Secretary Manoranjan Panigrahi on Wednesday in his Secretariat chamber and requested him to complete the inquiry pending in his department against Linguist Dr. Debi Prasanna Pattanayak and his team that evidently stole away the researched documents and documented report of the State and created a parallel copyright over the same in matter of Classical Oriya and by using the position as authors/ creators of this report have been deriving numerous official benefits even in contravention of official norms.

The Chief Secretary was moved by Bhasha Andolan to blacklist Dr. Pattanayak, non-stop recipient of government benefits by influencing the administrative machinery. He has a palatial building in Bhubaneswar and separate mansions of his children; facts, which he has recorded in his writings. Yet, by using the Chief Secretary, posing as the person authorized to draw up the State’s Language Policy, even though there is neither any Govt. Notification nor appointment, he has taken a government bungalow in his name near the highly secured Court Zone of Bhubaneswar and has sub-let it to a fellow who has collaborated with him in the above offense against the State. That fellow resides in this bungalow with his family. Bhasha Andolan has brought this mischief to the notice of the Chief Secretary, but, in vain. Thus his unpunished offense has emboldened him to get profit fetching MoUs with various government organizations and universities and even to bag several lakhs of rupees from the State exchequer, suppressing the fact of his lack of legal entitlement to such government grants, particularly through the Department of Culture. Therefore, with documentary evidences, the Chief secretary was moved to blacklist him and his team, so that further engulfment of Language sector and State funds by the mafia could be stopped.

The Chief Secretary asked the Secretary Culture to enquire and report and the Culture Secretary asked the Odia Bhasa Pratisthan to conduct an inquiry and report. The matter is gathering dust in the Pratisthan, when the Culture Secretary has given the mafia gang further funds in total disregard to the ban spelt out in Grants-in-aid (Cultural and-Sports Institution) Rules: 1986.

The Bhasha Andolan Chairman, discussing all these points, requested the Culture Secretary to see that the inquiry is not made to stay abandoned and the Pratisthan be asked to complete the inquiry within a fixed time and report and the same report be placed before the Government for prompt action. He assured to promptly intervene.

Official Oriya vis-a-vis Orissa CM: Stand of Bhasha Andolan absolutely correct

Roving Reporter

Decision of Bhasha Andolan to continue the silent Black Flag campaign despite repeated Cabinet decisions read by many as the victory of this unique campaign, seems absolutely correct.

Chief Minister of Orissa is shying away from saying why he failed to bring in the promised amendment in Orissa Official Language Act for punishment to whosoever acts against the very purpose of creation of Orissa.

On grounds earlier elaborated in these pages, the Representative-in-Chief of this site Subhas Chandra Pattanayak was nominated to the ’Ministerial Committee’ created on working of the Act. He had located two lacunae, which, unless removed, would always render the Act inconsequential. Firstly, there was no provision for punishment against contravention of the Act; and secondly, there was no authority given to the government in the Act to frame Rules to drive the Act ahead, equipped with provision to execute prescribed punishment in case of contravention of the Act. He had submitted a draft for amendment of the Act to authorize the Government to frame the Rules and another draft detailing the Rules and procedure he proposed for punishment to contraveners of the Act. His draft Rules also contained several other sections for complete implementation of the Act.

On getting these drafts, the Chief Minister was in fidgets, because of his total inability to work in Oriya. He shrewdly killed the Ministerial Committee.

Under the circumstances, Pattanayak notified the people in his social media page as above and prepared for a new type of movement. In order to wake up the people to the severe danger to their language, he, who had, in his book ‘Role of Mass Media in creation of Orissa‘, given the first ever trumpet call in 2009 for reviving the lost linguistic nationalism, planned out how to build up an agitation which the Government cannot legally suppress. Media consultant Pabitra Mohan Maharatha, his close colleague in Save the Samaja campaign, pledged total support to him and then the duo approached three other media persons, namely Pradyumna Satpathy, Tusarkanta Satpathy and Sagar Satpathy and Bhasha Andolan took birth.

After 39 days of this epoch making movement, the Chief Minister announced to accept the first demand. The Act would be amended in the next session of the Assembly, he announce. Bhasha Andolan insisted that if the CM was sincere in his statement, he should bring in the amendment under an Ordinance the same day. This demand was accepted and the Act was amended by an Ordinance on May21, 2016 and assurance was announced to create the Rules, as per the draft mentioned supra.

We are putting here a TV Channel discussion to recall the day.

Bhasha Andolan had suspended its Black Flag campaign till August 15, 2016 relying upon the CM’s announcement to create the Rules by August 14, 2016. But the government hoodwinked the people by making a harsh of Rules that only appointed a Committee of a group of officers to act as ex-officio members. Bhasha Andolan rejected that farce and revived its Black Flag campaign.

Tremendous popular support to this epoch making movement made the Cabinet have a special meeting at Puri where the ruling party was holding its 20th anniversary on 26th December 2017. It unanimously resolved to accept the Bhasha Andolan demand for punishment to contraveners of the Act. But the Bureaucracy infested with anglicized mentality to whom the Chief Minister’s aversion to Oriya language suits most, foiled the collective wisdom of the Cabinet.

Attempts were made to persuade the Bhasha Andolan to stop its Black Flag campaign in view of the speaking resolution of the Cabinet. The movement leadership refused to to be hoodwinked in view of its 2016 August experience. The Black Flag campaign shall continue till the legal provision is unambiguously made, it said.

Instead of taking to task the mandarins who disobeyed the Cabinet resolution, the Chief Minister continued to foil the very purpose for which Orissa was created. His ministerial colleagues with enough political experience, in a meeting on 14th last month, resolved again to provide for punishment to contraveners of the Act, by amending it in the proximate session of the Assembly. The Cabinet also declared that from Utkal Divas, which is today, Oriya would be inviolably enforced as the language of service to the people.But, the Bill of the proposed amendment is not even drafted till date and yet again the Chief Minister has failed to make his administration obedient to the Cabinet.

This scenario juxtaposed with the TV Channel discussion embedded above makes it clear that by refusing to be hoodwinked by the Cabinet decisions the Bhasha Andolan has taken the correct stand. This movement is the last hope for Orissa.

HANDS OFF BAKULA BANA; SUITABLE SITE AVAILABLE ON ACQUIRED LAND IN BHUBANESWAR

Subhas Chandra Pattanayak

A vast stretch of 84 acres of land had been earmarked for Odia University in Gayalabanka near Bhubaneswar when a language mafia group was trying to bag the land in the name of the University. By declaring to establish the said University in public sector, under the pressure of Bhasha Andolan, the Government has foiled the mafia mischief, though, in order not to dissatisfy them completely, ingredients are kept in the Odia University Act to cohabit with the said mafia gang in future. Bhasha Andolan has been agitating against the mischief.

However, instead of proceeding to establish the Univ in the earmarked 84 acres plot, the Government is searching for a new location. A BJD stooge Sankar Parida is insisting that the Univ be established in the Bakula Bana where Utkalamani Gopabandhu and his compatriots had established the best of ideal Schools of the era called Satyabadi Bana Bidyalaya. Even as the mafia gang recently has used poet Sitakanta Mohapatra who said that the new Univ be named after Sarala Das with leaders of the gang, Dr. Debi Prasanna Pattanayak and Subrat Prusty as VC and Registrar thereof, a TV channel, now discernibly pro-BJD, has started a campaign to make the Bakula Bana a people’s choice for the Univ site. This provokes us to apprehend that the mafia gang is conspiring to change the name of the University from Odia University to Sarala (or Satyabadi) University and keep the name ‘Odia University’ free for the mafia that have their eyes on the highly valuable 84 acres earmarked in the name of Odia University only. This conspiracy shall have to be foiled. Hence, we would stress that the Odia University be established in Gayalabaka where the land has already been earmarked in its favor. This requires that the Government must stop the drama of cultivating public preference through a guided TV search to allot the Bakula Bana to this Univ.

We have since long been demanding that the Servants of Peoples Society which has fraudulently captured the Samaja newspaper by using a forged will of Gopabandhu Das created by two of the newspaper’s former editors and Orissa’s education ministers – Lingaraj Mishra and Radhanath Rath; and willfully ruined the Bana Bidyalaya – be forced to restore the Bidyalaya in its original seat in the Bakula Bana. It must not be allowed to be used otherwise.

On the other hand, land is being searched for a 2nd campus of Ramadevi Women’s University at Bhubaneswar. The found out location for this Univ in the campous of Utkal University at vani Vihar has raised severe protests and it may so happen that the fertile minds of the mandarins may prefer the Bakula Bana for the purpose. That would put our girl students to immense frustration.

This nuisance jerked us into locating if a suitable land is available for the R.D.W. University in Bhubaneswar as we stress upon establishment of the public sector Odia University on its earmarked land in Gayalabanka. This is the land we have located.

Government of Orissa had acquired it for public purpose under declaratory letter No. 68431-L.A.-71/85. it is situated in Bhoi Nagar, Unit 9 behind Baya Baba Math, Bhubaneswar. Under the Land Acquisition law it is a government land awaiting government activities. But Government of Orissa has been running under red eyes of hooligans and MLAs that have the power to force gullible voters to vote for BJD. One such category of gullible voters are the slum dwellers. Therefore, a ruling party heavyweight has promoted a slum on this acquired land of 30 acres. The Government may use the intelligence wing to find if the slum dwellers are paying rent to a BJD MLA or not. If yes, the slum on the government acquired land is in reality a wrongful income-fetching hub of a BJD MLA.

Chief Minister Naveen Patnaik, if honesty and probity do carry any importance for him, should rise to the occasion and establish the Women’s Univ on this stretch of land ; or if the Gayalabanka land earmarked for the Odia Univ would be re-leased to poor people whose lease was cancelled to make the land available for the said Univ, to make this land the seat of the public sector Odia University. City environment crying for habitability also needs this.

Oriya Language created Orissa and therefore Orissa must be ruled by Oriya Language

Subhas Chandra Pattanayak

Chief Minister Naveen Patnaik seems to have developed a wrong notion that governance of Orissa in Oriya depends upon his mercy. His press-note of December 17 and full page display advertisement in major broadsheets of today force us to arrive at this apprehension.

In his December 17 press note it was declared that he had held a meeting with the five members of the ministerial committee on that day for the purpose of “strictly implementing the Orissa Official Language Act, 1954 in official and non-official level” to facilitate which a website has been floated by the government. In the full page multi-color advertisement in broadsheet dailies today, this is intriguingly missing.

The advertisement is designed to tell the people that Chief Minister Naveen Patnaik has taken historical steps to save and develop Oriya language, and has enumerated the steps he has taken. This is blatant lie. Neither he nor his government has executed any single item claimed to be “historical” in the official advertisement. The entire advertisement is nothing but false propaganda. What a shame it is, that, the people of Orissa are taken for granted by their Chief Minister! Read more →

Navakalevara: Legends and reality

Subhas Chandra Pattanayak

Legends are the most misguiding mischief aimed at superimposing lies on reality so that indigenous people of an occupied land are kept too dazzled to see the dark face of the rulers and the class of exploiters can keep its victims subjugated to its authority, while forcing them to forget the heroic history of evolution of their own philosophy of life, their own splendid spiritual realizations, their own socio-economic uniqueness, their own ancient culture, their own valorous past, their own way of social integration and their own civilization.

We see this mischief galore in the context of Navakalevara of SriJagannatha.

So, here, we are to rip apart the legends and bring the reality of the Navakalevara to light, as thereby alone we can reach the lost uniqueness of the people of Orissa.

We will use Puri Sankaracharya’s self-proclaimed authority over Navakalevara to proceed with our purpose.

  Read more →

Samaja in Maze of Forgery: Two former Ministers of Orissa – Lingaraj Mishra & Radhanath Rath forged the WILL of Gopabandhu; Both benefitted till their death; SoPS continues to Loot

Subhas Chandra Pattanayak

The Oriya daily SAMAJA founded by late Utkalmani Pandit Gopabandhu Das, to which, out of their love and reverence for the great humanitarian leader, the people of Orissa had and have been giving their financial and moral support, is in a menacing maze of forgery and loot.

Sadly, two of Gopabandhu’s trusted men – Lingaraj Mishra and Radhanath Rath – who, because of being known so, had the opportunity of becoming cabinet ministers in Orissa, were the masterminds and/or makers of the forgery from which the paper is yet to be salvaged.

Both of them – Lingaraj and Radhanath – had partnered with each other in forging the last WILL of Gopabandhu to grab the Samaja, which being Gopabandhu’s paper was of superb credibility and the greatest political instrument of the day. They had performed this crime behind the screen of and in nexus with Servants of the People Society (SoPS), of which, while breathing his last, Gopabandhu was the Vice-President. Read more →