Abir Ranjan Biswas speaks on The Central Educational Institutions (Reservation in Teachers’ Cadre) Bill, 2019

FULL TRANSCRIPT

Thank you for providing me this opportunity to speak on The Central Educational Institutions (Reservation in Teachers’ Cadre) Bill, 2019. I feel this is yet another effort to bring equality by reviving the 200 point roster as against the 13 point system put forth by the High Court of Allahabad. The aim of providing is to consider a central educational institution as a unit in place of departments. Sir, the UGC guidelines of 2006 were quashed by the High Court of Allahabad in 2016. 

Sir I have a question, why didn’t the Government introduce this Bill in the following sessions? The Supreme Court too gave similar verdict on January 23, 2019. The Parliament was in session, as we know Sir, from January 31 to February 13. Again we did not find the Government making any effort to legislate on the matter. Instead Sir, an Ordinance was promulgated on March 7 , 2019 just three days prior to the announcement of elections. This cannot be a mere coincidence is what I feel. This held a clear intention of taking advantage of time to make hollow promises. 

If we look at the past, in the first 30 years since independence, out of every 10 Bills passed, one was an Ordinance. In the next 30 years, out of every 10 Bills passed about two were Ordinances. In the last two years, out of every 10 Bills, passed four were Ordinances. In this regard Sir, I have deep concerns. Promulgating Ordinances time and again is against the very spirit and nature of a parliamentary form of government. 

This House is constituted of earned an eminent representatives of the people and by promulgating Ordinances on every matter the Government is exhibiting an authoritarian feature. It is also discarding the views and inputs of the House. The House seeks to enact laws, which the Indian people deserve. But, as of today, as we saw most deplorably, the way the Government is functioning. Many Hon’ble  Members were complaining that they were denied the rightful opportunity of putting in their suggestions in the form of Amendments. However Sir, we understand the House should be given due importance it deserves, I request the government to modify this process of discharging functions.

Next Sir, I would like to say the main mandates for reservation of Scheduled Castes and Scheduled Tribes and Other Backward Classes to fill up more than 7,000 vacant positions in educational institutions. This is definitely a welcome step but the process that this government has adopted is no doubt faulty and promotes the interests of certain sections of the society.

Sir, I would like to further say that we know that the new notification is also an attempt to dent efforts to ensure representation of SC/ST and OBC categories as per the constitutional mandate of 15%, 7.5% and 27% respectively. If this system is taken, all professors of the same grouping across all departments in the university will be grouped together to estimate the extent of the quota. As a result, positions open will be reduced, limited and not filling up positions as per requirement of subjects. Some departments/subjects will have all reserved and some with all unreserved candidates. Moreover, the number of vacancies will not meet the required constitutional mandate.

This is nothing but a sheer motive to leverage positions for the upper caste candidates. This bill proposes to dilute the entire concept of reservation itself.

Today, the reservation system in our government posts is on the basis of the posts and not the number of vacancies in that arena. So, why should the same system not be followed for educational institutions as well? This Bill proposes to bring about a systemic change in the basis of reservation. It is only introducing a system of discrimination in the educational institutions that will only alienate the backward classes.

Sir, I would also like to say that section 4, sub-section (i) and sub-clause (a) provides for a discriminatory clause. It says that certain institutions will be kept out of the provisions of this Bill. I would request the minister to explain the basis of such institutes. Some like science and technology, I understand. But when we are doing this is the government making mistake of direct capabilities of concerned categories that is the SC/ST and OBCs. When these universities have reservation for student community, why not they have it for the teaching community as well?

Sir, I would also like to question that is the government creating a sense of division and discrimination in appointing positions to the socially and economically deprived in these institutions of esteem. Is the government questioning the capabilities and undermining those that are entirely eligible.

Also Sir, we can see that our Hon’ble members of the treasury benches are taking the credit of having given the reservation for the economically backward sections. After all, taking credit is the most easy thing to do. Sir, in this Bill itself they have been deprived also. Sir, I would like to say that I have a few suggestions for the hon’ble minister.

Firstly, reservations should be allowed for the universities that are excluded because if the criteria put forth by them is made by any candidate of the concerned section then why not given him/her the opportunity. Why not give the devil his/her due?

Secondly, a regulatory body should be constituted to ensure a proper functioning of the provisions of the Bill and in case of any dispute it can discharge quick verdicts. This is so necessary because even after this Ordinance we have four universities, namely, Central University of Punjab, Karnataka University, Tamil Nadu University and Indira Gandhi National Tribal University. They did not comply with the provisions. This would have gone unnoticed Sir, if it was not brought up by one of the hon’ble member of this very August House itself. Also Sir, this is why a responsible body to handle the affairs is necessary. This body should be entrusted with the duty of looking into the judicial matters arising after employment. This is because every other day we come across cases involving hatred towards vulnerable sections, namely the SCs, STs, OBCs and the economically-backward sections (EBS) .

Doubting and questioning their capabilities is not right I feel. There is a high chance that the teachers being appointed through this will also face similar problems and that is why this is very necessary. This is also very important and imperative, Sir. At a time when we soon aspire to make India the third largest economic power of the world, we declare a mission to the moon, we boast of progress achieved in space which only three other nations in this globe are capable of, we are failing to provide a level ground for all. This Sir, is proved by the fact that atrocities meted out to the backward classes has increased by 37 per cent in the last decade.

Sir, in this regard I would also like to say that moreover to avoid cases like that, which involved suicide of Rohith Vemula, this is a very important step that the Government can and should take and it cannot be done until serious steps are taken. 

Sir, also in this case, we have another most unfortunate case that took place recently, as recent as May, in Mumbai, where a young medical professional, Payal Tadvi lost her life due to suicide committed as a result of alleged casteist slur and discrimination. In this regard I would like to mention that Sukhdev Thorat, a professor emeritus of JNU and a former UGC chairman, had led a committee to investigate allegations of discriminatory treatment of SC and ST students at the All India Institute of Medical Sciences (AIIMS), and which had found that lower caste students had faced discriminations at the premier institute.

 About the measures that should be taken to check discriminatory behaviour, the report says: “There has to be an Act by the government to make caste-based investigation at the university campus a punishable offence. Apart from this, a set of guidelines should be formulated for the upper caste students on how to behave in the presence of students from the marginalised sections.”

 Jobs and educational reservations are very vital in the view of Dr Ambedkar. He had wanted reservation in services and educational institutions to be permanent. If those reservations were not put in place, it would have led to a constant struggle of the oppressed, who would have never found a channel to come into the mainstream. What would have been denied to them they would have taken by force. Thus we have to ensure measures to bring the backward classes into public service and provide to them what is rightfully due to them.

 Thus I would like to request to send this Bill to a Standing Committee where stakeholders from all fields associated with this Bill would be consulted and proper legal suggestions are taken to correct the provisions of this Bill that would otherwise fully undermine the essence of reservation and its effects.

 Thank you, Sir.

 

Pratima Mondal speaks on The Central Educational Institutions (Reservation in Teachers’ Cadre) Bill, 2019

FULL TRANSCRIPT

India has emerged as a superpower, something that is alerting those involved in the hegemonistic balance of power. But the largest democracy is still tainted with caste-based discrimination. There has been a 37 per cent increase in atrocities against scheduled castes and scheduled tribes in the past decade. This is very alarming; not just for prohibiting crimes, it is an urgent requirement for establishing grounds so that the vulnerable groups can be at par with the groups having privilege.

 This amendment Bill is yet another effort to bring equality by reviving the 200-point roster as against the 13-point one, as put forth by the Allahabad High Court. The aim of the Bill is to consider a central educational institution as a unit, in place of department, to ensure proper functioning of the reservation system in direct recruitment of teaching faculty.

 I take the opportunity to explain this as the public might be in a dilemma as to how this is beneficial. Rather than direct reservation, department-wise reservation will yield more employment. But this is wrong because the number of vacancies in each department will not be enough to support the reservation. Thus I appreciate this Bill.

 But I would like to seek clarification from the Hon’ble Minister, through you, Madam, on the necessity of promulgating the Ordinance dated March 7, 2019. Article 123 of the Indian Constitution, as interpreted by Pandit HN Kunzroo, says that “if you deal with a situation where Emergency in the country necessitated an urgent action”. The process of UGC guideline 2006 was quashed by the High Court of Allahabad on April 7, 2007. Why didn’t the government introduce the Bill in the following session of Parliament? The Supreme Court also gave a similar verdict on January 23, 2019.  The Parliament was in Session from January 31 to February 13, during which a historic Bill was passed. Then why didn’t the government make the effort to legislate on this important national issue?     

 Instead, an Ordinance was promulgated dated March 7, 2019, which was just three days prior to the announcement of elections. This cannot be a mere coincidence; it held a clear intention of attracting vote bank. Promulgating Ordinances time and again goes against the very nature of parliamentary form of governance. This House is composed of eminent and learned representatives of people. By promulgating Ordinances on every matter, the government is exhibiting an absolutely authoritarian streak. It is disregarding the inputs and views of this House and in this case, it has failed to include economically weaker sections in the Ordinance. This House sits to give better laws to India, by going beyond the purview of party politics. Therefore it should be given the importance and respect it deserves.

 Now, coming to section 4 of the Bill, to clause (b) of sub-section (i), it is a valid point and is according to the fundamental rights of the minority communities. But sub-clause (a) provides certain institutions will be kept out of the provisions of the Bill. I would request the minister to explain the basis for selection of the institutions. As much as I could interpret, all of them have one thing in common – that all the institutes fall under the category of science and technology. By doing so, is the government again repeating the mistake of doubting the capabilities of the concerned category? When these universities have reservations for the student community, then why not for the teachers as well?

 Sir, I would like to put forth a couple of suggestions. Firstly reservations should be allowed to universities that are excluded because if the criteria put by them is maybe by any candidate of the concerned section, then why not the opportunity be given to him or her? After all it is our fundamental duty to promote scientific temper in the society and what better by promoting the people who have been neglected throughout.

Secondly, a regulatory board should be constituted to ensure proper functioning of the provisions of the Bill and in case of any dispute it can discharge quick verdict. This is necessary because even after the Ordinance, four Universities, namely Central University of Punjab, Karnataka University, Tamil Nadu University, and Indira Gandhi National Tribal University did not comply with the provisions. 

This would have gone unnoticed had it not been brought up by Shree Javed Ali Khan during Zero Hour in the Rajya Sabha. Now the resolution of the matter, as asked upon to do so by the Hon’ble Chairman of the Rajya Sabha, will take a lot of time, delaying the whole recruitment process, depriving the eligible. This is why a responsible body, to handle the affairs, is necessary. The body should also be entrusted with the duty of looking into the redressal matter arising after employment. This is because every other day we come across cases involving hatred towards vulnerable sections, concerning the Bill, namely Scheduled Caste, Schedule Tribe, Socially and Educationally Backward Communities and Economically Weaker Sections, doubting and questioning their capabilities.

There is a high change that the teachers will also face similar problems. A Hindi poet has put it in this manner. “Dafter main sab theek thak chal rahe tha phir Dalit hoon main bata diya sab ko”. In other cases like that which involves suicide of Rohith Vemula.

This is a very important step that the government can take steps and action. And it cannot be done until serious steps are taken.

Another young girl Payal Tadvi lost her life; Sukdev Tharav, a professor of JNU and former UGC chairman who headed the committee to investigate the allegation of discriminatory treatment against scheduled caste and scheduled tribe students at AIIMS had found that lower caste students faced disclination in everyday life at the primer Institution.

About the measures that should be taken to check the discrimatory behaviour, he said there has to be an act by the government to make caste discrimination at the university campuses a punishable offence. Apart from this a set of guidelines should be formulated for the upper caste students on how to behave in the presence of students who are from the marginalised sections.

Finally, I would like to conclude by saying that in order to ensure the compliance of Constitutional provision under Article 14, 15 and 16, the government must consider the suggestion and not just discard it.

Last I would conclude by quoting Sheetal Sathe, a young Ambedkarite – Nausea served on the plate:

The nausea is served in the plate , the untouchable nausea

The disgust is  growing in the belly, the untouchable disgust

it’s there even in  buds of flowers, it’s there even in  sweet songs

that man should drink man’s blood ,

which is the land where this happens

which is the land of this hellish nausea.

 

Thank you, Madam.