______∗SYNOPSIS OF DEBATE ______(Proceedings other than Questions and Answers) ______Thursday, May 03, 2012/Vaisakha 13, 1934 (Saka) ______MATTERS RAISED WITH THE PERMISSION OF THE CHAIR I. Agony of lakhs of home buyers of in U.P. due to delay in approval of master plan by N.C.R. Planning Board SHRI MUKHTAR ABBAS NAQVI: Noida Extension is adjacent to Delhi and many disputes are related to this Noida Extension. These disputes were resolved to a large extent by the previous Government and present Government. But due to the red tapism policies of Central Government today more than 10 lakh families and lakhs of such people have come to roads whose employment is related to it. They are on the verge of starvation. People, who have invested their whole life's saving and took loan are suffering a lot and staging an agitation at Jantar-Mantar. Central Government had asked N.C.R. Board to solve this dispute. Planning Committee had approved the master plan. Farmers were given the assurance that they will be paid 64 percent compensation. But farmers did not get it. I will urge the hon. Minister to direct the NCR Board to take action on master plan immediately.

______∗This Synopsis is not an authoritative record of the proceedings of the Rajya Sabha.

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(Shri Prakash Javadekar, Shri Prabhat Jha, Shri Anil Madhav Dave, Shri Balbir Punj, Shri Birendra Prasad Baishya and Dr. Chandan Mitra associated.) II. Miserable plight of farmers SHRI TAPAN KUMAR SEN: our farmer community who actually feed 120 crores of our population is facing severe distress and crisis. Farmers suicides are increasing every day. It is a very dangerous situation for our food security. Even in my State, where suicides were not a common thing, 41 farmers have committed suicide. Twelve thousand peasants have been evicted, and they have lost their livelihood. The whole thing is flowing from the faulty policy of the Government on public investment in agriculture as well as an absolutely faulty credit policy. The whole credit system is such that more than two-thirds of our farming community are outside the institutional credit network, and they are victims of private money lenders and sharks. The funds are not coming from Government's own pocket. Funds meant for agriculture are being cornered, diverted to the farm houses. It is not going to poor and marginal farmers. NABARD closing down its 15 district base offices and also the rural regional banks. I insist the Government to seriously consider reversion of the policy in the matter. ______SHORT DURATION DISCUSSION Reservation for Scheduled Castes and Scheduled Tribes in Promotions During Service SHRI SATISH CHANDRA MISRA initiating the discussion, said: As far as article 16 (4), of the Constitution is concerned provision of reservation has been made in it. Dr. Ambedkar made this provision judiciously. The judgment of Indira Sahani case came on 16.11.1992. In this judgment it was stated for the first time that article 16(4) was interpreted in such a manner that only initial appointment were included in it and not the promotions. But in this judgment Supreme Court has also stated that in all its

329 earlier judgments it has constantly stated that reservation in promotions is also included in article 16(4). 77th constitutional amendment became effective on 17 September, 1995. Through this amendment a new article (4a) was added in article 16. In article 16(4a) it was provided that Scheduled Castes and Scheduled Tribes will also get reservation in promotions. In 1994 an act was passed in the state of under which reservation in promotions was provided under section 3(vii). Article 4a was also amended. It was provided there in that when promotion is given by way of reservation to SC/ST, accelerated seniority would also be given to them. Through the constitution (81st amendment) act 2000, which came into effect on 9.6.2000, another Article was added to 16 and it was 16 (4B). It was provided through it that vacancies which are not filled in a particular year would continue to remain alive and will be carried forward into the next year. 82nd amendment came into effect from 08.09.2000. Under this a proviso was added to article 335 that scheduled castes and scheduled tribes can be given relaxation regarding their qualifying marks and while making appointments by way of promotion, standards of their evaluation can also be lowered. 77th constitutional amendment was challenged in many High Courts and the case went to Supreme Court. On 19.10.2006 a judgment was delivered in M.Nagaraj case. This judgment upheld the validity of the amendment to articfle 16(4)(a) and 16 (4)(b). The UP Government servants' seniority rules were framed in 2002. These rules were incorporated on 18.10.2002 when Mayawatiji was the Chief Minister of Uttar Pradesh and rule 8a was also included. When the government of another party came in power in Uttar Pradesh it deleted this rule 8a. Then again on 4.9.2009 BSP Government was formed and Mayawatiji became Chief Minster on 4.9.2007 this rule 8a was again incorporated and resultant seniority was provided. In spite of Indira Sahani judgment rule 8A was challenged by means of various writ petitions. Matters came to the Supreme Court. The judgment has come on 27th April, 2012 which has come upholded the judgment of Lucknow bench. But Supreme Court has not given any protection to all these employees having

330 been promoted for the last 18 years. Being in service their seniority has not been reinstated to them under rule 8A. The enforcement of this judgment will affect not only thousands of employees belonging to the Scheduled Castes and Scheduled Tribes who have been promoted in the State of Uttar Pradesh, but also employees throughout the country. Throughout the country, all the employees who have got promotions ever since the 77th Amendment would be reverted. The employees belonging to the Scheduled Castes and Scheduled Tribes in the whole country, are highly agitated. All those who are likely to get employment in future, are going to be affected by it. The two- Judges’ judgment of Rajasthan and U.P. refers to the five-Judges’ judgment. They say that the dictum said in Nagraj’s case is binding. In Nagraj’s judgment, they have completely over-looked the nine- Judges’ judgment of Indira Sahni case. I went through the judgment to find out if somebody has dissented on this point whether the Scheduled Castes and Scheduled Tribes are yet to be ascertained whether they are backward or not. In several paragraphs in the judgment of the Hon’ble Supreme Court, the nine Judges have discussed it. It is unfortunate that there are two groups in our country who are inherently unequal. One is the Scheduled Castes and the Scheduled Tribes and the other is the so-called ‘upper castes’. It is the social backwardness which leads to economic and educational backwardness. We have seen what has happened to the Scheduled Caste and the Scheduled Tribe people at several places. All their hutments were demolished in Delhi during the games. The amount earmarked for their upliftment was used for the games. Now two years have passed and not even a single naya paisa is given back to them. Even today in Orissa, the persons belonging to the Scheduled Castes were not allowed to cross the houses of the persons belonging to the upper castes. In such a situation, it is necessary to give them reservation. Their reservation should not be done away with by a judgment of five Judges. The Supreme Court had held that the higher

331 castes are not socially backward. They may be poor, but socially they are not backward. Unless the people of these Scheduled Castes and Scheduled Tribes reach at the higher places through reservation, the desired results cannot be achieved. The judgment also mentions this fact. The other similar backward social groups among Muslims and Christians, have particularly no entry into the administrative apparatus. It was this imbalance that was sought to be redressed by providing for reservations in favour of such backward classes. It would not be correct to say that the backwardness should be both, social and educational. What matters is social backwardness. In one of the latest judgments, it was held that the decision of the smaller bench cannot override the decision of the larger bench. The two Judges say that they are bound by the five-Judges judgment. Therefore, a situation has arisen which needs to be looked into by the Parliament. It is, absolutely, impossible that before making promotion of the Scheduled Castes and the Scheduled Tribes by way of reservation, an ascertainment has to be made whether adequacy in the service is there or not. If it is imposed, it would be impossible to achieve our aim. This has to be taken into consideration as to what will be the adequate representation and when it has to be treated as adequate representation. Next issue is ascertainment of efficiency in working while making promotion. Whenever you make a promotion, you first look into Article 335 and see whether the efficiency is not being affected. Keeping this situation in mind, an amendment was needed and a proviso was added. A condition should not be imposed for ascertainment of efficiency, before framing the rules, for seniority or for promotion. The minimum requirements, which ascertain the efficiency, are already there in U.P. A person who has put in 25 years of service, becomes eligible for promotion. There is no question of efficiency being affected. Our Leader, Ms. Mayawati, has requested all the leaders of the Parties to sit together and find a way out. In my view, it becomes necessary that we should amend Articles 341 and 342 by adding this

332 after Article 342. Under Articles 341 and 342, certain castes have been declared as the socially, educationally and economically backward. Therefore, they are under the Supreme Court judgment to be treated as backward. It requires to be added at the end of Article 341 that such specified castes will be deemed to be backward for all purposes of the Constitution. The words of Article 16 (4) (a) should be deleted and the following words should be substituted, ‘to the extent of percentage of reservation provided to the Scheduled Castes, Scheduled Tribes in the services of the State’. So far as the efficiency is concerned, Article 335 is already there. Lastly, I would like to say that after Dr. Ambedkar, Kanshi Ram and Ms. Mayawati have led the movement for the Scheduled Castes and Scheduled Tribes. Today their rights are being usurped. We are unable to change the mentality of people. Whenever there is an issue in their favour, people stand against them. The basic structure of the Constitution was framed to remove inequality. But, it is a matter of regret that the Courts’ orders are trying to hit the rights of the Scheduled Castes and Scheduled Tribes. After Ms Mayawati raised the matter in Parliament, peace has been maintained in the country. They hope that their rights will be protected. DR. BHALCHANDRA MUNGEKAR: The Indian Constitution is committed to the principal of affirmative action and it had prescribed quota in the field of legislatures, employment and education for the members of the Scheduled Caste and the Scheduled Tribe communities. Till 1992, reservations in direct recruitment and promotions were admissible to the Scheduled Castes and the Scheduled Tribes in the States and the Central Government services only on the basis of Article 16 of the Indian Constitution. It was only for the first time in the case of Indira Sawhney that a nine-Judge Bench of the hon. Supreme Court held that article 16(4) does not provide for reservation in promotions. That is why, the Parliament amended article 16(4) and added article 16(4)(A) where the reservation in promotions was also included. Once again, 77th and 85th Amendments to the Constitution were challenged by the general category employees, and, the 5-Judge Bench of the Supreme Court,

333 clubbing all the petitions challenging the amendments, in the case of M. Nagaraj, gave a decision that these amendments were constitutionally valid with certain conditions and principles regarding backwardness, inadequate representation and efficiency had been added through it. I endorse the amendments to article 341 and 342 suggested by hon'ble Member that this social backwardness criteria should not absolutely be required because only those categories are included in the Scheduled Castes and the Scheduled Tribes. I will venture to say that reservation policy enshrined in the Indian Constitution should be considered as part of basic features of the Indian Constitution. I also endorse the suggestion and the amendment suggested by hon'ble Member that article 16 (iv) (a), which added inadequate representation in the opinion of the State should altogether be deleted. In this country, unfortunately, efficiency is associated with one’s caste, gender, religion, language, ethnic group etc. This is highly unacceptable in a country which considers itself to be a democratic country. There is no doubt in my mind that Indian Constitution is the first major intervention to correct the social, economic, political and cultural imbalances prevailing in different sections of the society and coming in the way of making this country a modern nation state. I submit that I endorse fully the recommendations made by the hon'ble Member in the morning. I must mention that the latest report indicates that there is no SC candidate to represent in the top administration of Government of . It is a matter of grave concern and required to be looked into immediately. The Reservation Act provided that 46 educational institutions of national excellence reservation would not be there. I fail to understand who decide national excellence. Today, nearly 45 per cent vacancies of the teaching posts in all universities in the country, are not filled. I demand that the Parliament should pass a comprehensive legislation, including the reservation in promotions. SHRI THAAWAR CHAND GEHLOT: The House is deliberating a very important issue which arose out of the situation of

334 the verdict dated 27.4.2012 of the Supreme Court on the appeal nos 2608/2011 of Rajesh Kumar & Others Versus the Uttar Pradesh Power Corporation. It is beyond doubt that the recent judgment would affect lakhs of employees belonging to the scheduled castes and scheduled tribes and their families. I am an activist of BJP. I am very proud of this that we support the provisions related with the scheduled castes and scheduled tribes enshrined in the Indian Constitution. During the rule of NDA constitutional amendment was brought to remove the 50 per cent ceiling regarding filling up the backlog vacancies reserved for the scheduled castes and scheduled tribes with retrospective effect. What is the reason for such decisions. The petitioner appears with full preparations but the representation of the Government is not what it should be. The conclusion in this decision could have been made as otherwise as the percentage of reservation is fixed at all levels. Secondly, whether their backwardness came to an end or it is on the same. Thirdly, whether or not the efficiency of administration would be affected by the reservation and promotion. There is a Departmental Promotion Committee in every state which looks into that whether the same comes under the promotion or not. Even today a large number of posts are lying vacant in the country which is required to be filled in. They speak of the question of appropriate representation despite the same lying vacant. The otherwise meaning which are taken out from the article 335 need to be corrected. I therefore, urge upon the Government to appeal in the full bench of the Supreme Court if there is time and to initiate the process of constitution amendments and restore our rights snatched away by the court. SHRI T.K. RANGARAJAN: If a Constitution amendment comes, we will definitely discus that. I would like to know from the hon. Minister as to how many Directors are there from the SCs and STs in the pubic sector; how many posts of Chairman you have filled up and how many promotions you have given? Even today, look at the attitude of the public sector towards the eligible and efficient people.

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If he belongs to the SC or ST, he will not be considered. You can make all kinds of amendments in the Act, but there is nobody to implement them in this country. This attitude has to change. Whatever we decide, the hon. Court decides otherwise. Under pressure, we change certain provision of the Constitution. Under pressure, judges give different types of judgments. How do you solve this contradiction? What is wrong in creating a supernumerary post? Give the right promotion to the SCs and STs persons. The law can be changed, but the attitude has to change. If the attitude can be changed, then, so many things can happen in this country. In the panel of promotion Selection Committee, there must be representation from the S.C.s and the S.T.s. If you do not have an eligible SC or ST person, borrow from some other department. So, do not wait for a law to be framed. I don't think it requires any law. Even tomorrow you can implement it. SHRI SUKHENDU SEKHAR ROY: We are in favour of certain actions on the part of the Government so that some amendments can be initiated to protect the interest of the SCs/STs and Other Backward Classes and I fully support those Bills. I urge upon the Government to make a fresh amendment. The Supreme Court over-ruled the Allahabad High Court judgment to grant reservation in promotions to all the reserved categories among Government employees. It is the duty of the Parliament to come out with a fresh amendment so that the interest of the SCs, STs and Other Backward Classes are protected. PROF. RAM GOPAL YADAV: The Samajwadi Party is in the favour of reservation as well as reservation and promotion. We are against consequential Seniority. The policy of consequential seniority of the BSP Government of Uttar Pradesh was dangerous. It is not correct that we are against reservation in promotion. We do not agree with the reservation in promotion alongwith the resultant seniority, the removal of reservation in promotion, but the rule 8 (a) related to the resultant seniority should not be there. We don't agree with that at all. It will create friction in the entire

336 democracy and efficiency will be adversely affected. We will oppose any law similar to 8 (a). SHRIMATI VASANTHI STANLEY: The DMK has been consistently demanding that the percentage of fixation of reservation should be left to the State Governments because the State Governments can provide reservation depending on the percentage of the Scheduled Castes, Scheduled Tribes and Backward Classes, as this varies from State-to-State. This is the right time for this discussion. In 1950, the first amendment to the Constitution was passed on reservation for the socially and educationally backward classes. It was given in Government employment and education. In 1989, the DMK was instrumental in implementing the Mandal Commission's recommendations providing 27 per cent reservation for the OBCs. The same proportion of reservation may be provided in promotion also since once again the socially and educationally backward classes are deprived of holding higher positions in any organisation. The logic which applies for getting admission in educational institution, the same logic that applies for getting into the Government employment, should be applied for the reservation in promotion also. So, for promotions, it should be mandatory that reservation should be there. Our leader, Dr. Karunanidhi, has, many times, written to the Prime Minister about the need to amend the Constitution suitably to treat the converted Christians and Muslims on a par with other SCs and STs. Hence, we are second to none to fight on this issue. I would like the hon. Minister and the Government to see to it that the Constitution is amended suitably. SHRI : This is an issue of national importance, and this issue is very much linked with social justice. It is a matter of pride that we have got a Constitution which gives protection to the Scheduled Castes, Scheduled Tribes and the weaker sections. Our Constitution intends to mitigate the social inequality which is still prevailing from thousands of years in this country. The States whose population is greater in number are not enjoying the benefits of reservation as per their population. With this amendment, namely 77th and 85th in promotion, the SCs/STs are

337 being protected under article 16 (4a) and (4b) which is now in question. So, this august House which has framed a law to protect the Backwards, SCs and STs has to rethink over this matter that this social backwardness still exists in these communities. SHRI A.W. RABI BERNARD: AIADMK stand shoulder to shoulder with all those who engage themselves in uplifting the marginalized, subaltern women and men of this nation. Is it not that the Indian caste system is apartheid of gigantic proportion? Is it not that the economic deprivation, social oppression, political marginalisation of a large population of this country, has resulted in an overall underdevelopment of this country? To ensure a social equilibrium, to ensure a safe, cultured living for everyone, it is essential that not only equal opportunities are given to everyone, but affirmative actions are also guaranteed through legal measures. We put our faith in reservations to correct the situation because reservations are the most workable method to move in this direction. The nature of Indian society ensures that without such measures, social discrimination and exclusion will only persist and will be strengthened. In the case of the Scheduled Castes and the Scheduled Tribes, discrimination is more evident which still continues in a blatant and often vicious form in many parts of the country. But it does not reflect the failure of reservation policy as much as its inadequate implementation. It is usually argued that reservation will affect quality and undermine merit and efficiency. There are many reasons to believe that drawing upon a wider social base increases the diversity and, thereby, the quality of the workplace. Reservations do not address the most fundamental problems of economic inequality or access to opportunities in India, particularly in the context of globalisation and liberalisation. There is no question that asset inequalities and related income inequalities are at the heart of the issue of unequal access in our country. At the moment, there are legal requirements for filling certain quotas, but there are no penalties for public institutions that do not fill them. We should pay attention to this issue also. Let us

338 strengthen them by providing them reservation in promotions during services also. SHRI D. RAJA: The judgment is an assault on the rights of the Scheduled Castes and the Scheduled Tribes. It is an assault on the very policy-making power of Indian Parliament. This is a very serious situation. The time has come when the Government should think of constituting a National Judicial Commission and the Judiciary will have to reflect the social reality that exists in India. As regards reservation in promotions during service, it is Dr. Ambedkar who introduced reservations in public services for the Scheduled Castes and the Scheduled Tribes. He also ensured that representation should be available at not only entry levels but also in public services; it should be ensured in all classes and at all levels of administration. The concept of reservations in promotions was introduced with the same purpose. In Mandal Commission judgment, the Supreme Court imposed a ceiling of 50 per cent, to which I don’t agree. It should be left to the States. On the issue of adequate representation, they must ask the Government as to why the Government is not ensuring the implementation of SC/ST quota according to the percentage. As far as backwardness is concerned, the Constitution is very clear that the Scheduled Caste and Scheduled Tribe people are already backward. Now, the Judiciary should read it properly and it cannot give its own interpretation. Untouchability is practised in different ways even in modern era. This aspect will have to be kept in mind. That is why when the Judiciary questions the backwardness of the Schedule Caste and Scheduled Tribe people, I think, there is some sinister design. This is what I understand. I find that every one is for reservation to Scheduled Castes and Scheduled Tribes in jobs and also in promotions. But the Judiciary gives a different interpretation, which the Parliament should reject. The learned Judges must tell us that they have this scientific study at our disposal, and, based on that, they say that the Scheduled Caste and Scheduled Tribe people don’t have efficiency. It is an insult to the people who belong to these categories. The learned Judges must understand that. There is a contradiction in

339 the understanding of the Judiciary and the understanding of the Legislature in this regard. What is DoPT guidelines for the public sector undertakings, banks and other industries? Why is there no Chairman or MD in any public sector from that class?’ What I mean to say is, even if one or two SC or ST candidates come up to the level, they are consciously denied their rightful claims. This is what the Government will have to take note of. As far as reservations in promotions in concerned, You say that there is no efficient IAS officer belonging to the Scheduled Castes or Scheduled Tribe to become Secretary. Does the Government want to follow the theory of survival of the fittest? Does the Judiciary want to implement this? SCs and STs are asking for due place in the administration at all levels. That is what we should understand. There is a need to consider those amendments to ensure the policy of reservation not only at the entry level but also in promotions for the people of Scheduled Castes and the Scheduled Tribes. SHRI PRAVEEN RASHTRAPAL : King of Kolahpur, Sahu Maharaj, was the first Indian King in the western and the northern part of the country who introduced reservation in Government services 110 years ago and he had given reservation to the members of staff working in the palace. Madras High Court gave a judgment that there should be reservation in promotion and directed the banks to implement it. Now, this is a judgment in favour of the directing the nationalised banks to implement the same. But, five banks went in appeal. Once the judgment is to be implemented, how are five banks allowed by the Finance Ministry to go in appeal against the Madras High Court’s judgement? Why promotion to these people should not be given. Nobody gives me reply even here. There has been no priority to the issue of the Scheduled Castes during the last few years in this country. We are shouting for the Reservation Act for the last four years. It was introduced, it was passed without discussion. Then, we came to know about the list of institutions and

340 there will not be reservation in those institutions. I cannot give a challenge like a social revolution There is reservation for recruitment and not for promotion. But in article 335 of the Constitution, the framers of the Constitution have not used the word ‘recruitment’. The word used is ‘appointment’. Now, appointment can be made by selection, election, recruitment, and, appointment can be made by appointment. Appointment includes everything. The Article 17 of the Constitution abolishes untouchability and says that its practice in any form shall be punishable under the law of the land. They may be Scheduled Castes but they are not untouchables. It is not a caste. It is a community included in the List which is prepared by the President of the country under article 341 for the Scheduled Castes and under article 342 for the Scheduled Tribes. There is no change in their status of backwardness or forwardness. There was no time limit for reservation in education, higher education and Government services. So, promotion is also included at the time of reservation. The answer to the three questions raised by the Supreme Court judgement is already prepared by the National Commission for Scheduled Castes and Scheduled Tribes. The Commission has given answer to the court that where is the question of verifying who is a Scheduled Caste person and who is a Scheduled Tribe person. The list is there in the Schedule of the Constitution and reservation is for them. Who will decide adequacy? Adequacy is already decided according to the population. My only request is that suitable Constitution Amendments are prepared and passed during this session to avoid the problem all over the country. THE MINISTER OF LAW AND JUSTICE (SHRI SALMAN KHURSHEED), intervening in the discussion, said: The issue has legal dimensions and it is a very important topic. It has been expressed that judges of the country often, stand in the way of fulfillment of the dreams of our founding fathers in the matter of giving equal participation, dignity and equality to backward classes of our country. The people associated with legal profession, including

341 eminent judges, might feel that the Government have a cynical and a pessimistic view about their commitment to equality for all people in our country. It disappoints us and, in a sense, stands in the way of fulfillment of our objectives and our aspirations. I urge all of you that treat this as a grand democratic dialogue with different organs of Government, including the judiciary, so that we move forward with cooperation between different arms of Government to achieve this very noble objective of our Constitution. We have to continue to trust our Judges because whatever we do here will finally be tested on the anvil of the basic structure. The issue of adequacy of representation have been the stumbling block and Government, will have to take some steps in order to ensure that this does not continue to be an impediment in achieving our goals. It may well have been our lack of foresight when we introduced a far-reaching amendment, to the Constitution. It is quite possible to say that 22.5 per cent is not adequate. Creamy layer does not apply to SCs and STs, but creamy layer does apply to other backward communities. There is no difference of opinion on creamy layer. But there is differences of opinion today only in sub-categorisation. No-sub-categorisation in SCs and STs. But there is a sub-categorisation in OBCs. When the decision of Indira Sawhney case was taken, a five- year period was given a period in which there would be no reversion of the promotions that had been made. Such a safety net has not been provided in the present judgement. Therefore, we could have a crisis in our hands very soon. The issue will have to be addressed and whichever way and form it has to be addressed, we will address it. I can only assure you that from the time that we have formed this Government we are looking all the developments of Nagaraj case closely. We have also consulted with the SC and ST fora and the experts. SHRI BISWAJIT DAIMARY: People of SCs and STs are not secured even in the presence of provision of Constitution and legal system. They are not getting the opportunity as per provision of

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Constitution and legal system. Today, percentage has been given in terms of population. But this percentage is not being given as a result there is huge backlog. How we will protect their right is a matter of great concern. We have to see that how tribals get their rights whether it is in promotion, appointment or development purpose. Funds given for them should be utilized in proper manner. I request that the proposal that has been brought should be considered. DR. BHARATKUMAR RAUT: The policy of promotion you want to adopt, for whom is this policy? I think we should start this subject from the level education, only then we will be able to address this problem. As many children in rural areas have not any access to education. People of SCs and STs who progressed by taking the advantage of reservation in education, job and promotion whether they have done anything for the people of their class? Reservation is only for equality and if you are taking the advantage of reservation even after getting equality then it is the misuse of this facility. SHRI RAM KIRPAL YADAV: I think that the deprived society is still deprived of special opportunity. That society is sitting in the last line for years. The exploited and deprived people were given the opportunity in the Constitution under special provision. Provision of reservation in jobs was made not only for the people of Dalit class but also for OBC. Law were enacted but I think those people could not get justice. They are feeling that their rights are being snatched again. Talent is the same in the world. I claim, if the child of a dalit society is given the education on equal footing, he would also remain on front in every matter. It is wrong to say that being from a dalit, a backward society, one would lack talent. Reservation is our right and I say that we don’t want begging but participation. Would we be deprived of the provision of special opportunity given in Constitution. This kind of in justice would not we tolerated . You make such provision in the constitution so that people from poor and dalit society should not feel that their rights are being snatched. It will also remove the fear created in their heart. This is the voice of 90 per cent people

343 of the country. I request the Minister that by making provision in the law restore the reservation of dalits and OBC in promotion. SHRI HUSAIN DALWAI: A kind of bloodless revolution is taking place in this country. Good work has been done for the backward people in South. I feel sad on the opposition of reservation. The condition of muslim dalit is same as Hindu dalit. There is backward society in muslim. That should also get reservation. All Members should say it in one voice. If there is no reservation in promotion, nobody would allow the dalit to come forward howsoever good he is. THE MINISTER OF STATE IN THE MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS AND THE MINISTER OF STATE IN THE PRIME MINISTER’S OFFICE (SHRI V. NARAYANASAMY), replying to the discussion, said: Members of Parliament, cutting across party lines, feel that the issue of reservation for the Scheduled Castes and the Scheduled Tribes in promotions has to be addressed by the Government. This issue was debated in the Supreme Court. The court gave its verdict. Since the verdict had been given by the court, it had become a very challenging task for the Parliament and for the Government. It is in the domain of the State to decide whether a particular class of citizens is adequately represented or not. In the Virpal Singh’s case, there is another clarification which is required because there was some argument that was going on. We are here to address the problems faced by those people, either socially, economically and also from the educational point of view. This is because of the situation that was created by the Nagraj case. The issue was addressed whenever it was raised by the Hon’ble Members in this House. Therefore, amendments have been made according to the need of the hour. Now the issue is before this House. As far as the issue of filling up the backlog of vacancies is concerned, our Government has taken a proactive measure. A special recruitment drive for filling up these vacancies was started in November, 2008. It was very helpful to us and around 50-55 per cent

344 vacancies were filled up as a result. I am glad to inform this House that as a result of our efforts, we were able to reach the level of 75 per cent. We are now having review meetings from time to time for the purpose. We have to go a long way in order to fulfil the wishes and aspirations of the Scheduled Castes, Scheduled Tribes, Minorities, OBCs, and of other people, especially, the physically-challenged people. My humble submission to this House is that this is a very serious matter, and not only the Central Government but even the State Governments are very much concerned about it. In order to address this issue, the hon. Prime Minister and the Government is willing to call for an all party meeting within a short time. Hon'ble Minister replying to the points raised by the Members, said: I would like to inform the House that the Government has prepared a Bill which is under the consideration. We would like to introduce the Bill in the House as early as possible. Discussion concluded. ______GOVERNMENT BILL The Chemical Weapons Convention (Amendment) Bill, 2010 THE MINISTER OF STATE IN THE MINISTRY OF STATISTICS AND PRGRAMME IMPLEMENTATION AND THE MINISTER OF STATE IN THE MINISTRY CHEMICALS AND FERTILIZERS (SHRI SRIKANT JENA): Sir, I beg to move: That the Bill to amend the Chemical Weapons Convention Act, 2000, be taken into consideration. SHRI BHUPENDER YADAV: I would like to ask that how there will be a coordination between Chemical Weapons Act and Weapons of Mass destruction Act? This amendment Bill is being moved so that our National Authority may develope proper working system to meet the challenges of chemical weapons in the country. A latest chemical laboratory should be developed and national security

345 should be taken care of in this regard. But it does not seem to be possible. Environmental sustainability is to be maintained while destroying the chemical weapons. But Environment Department has not been included in the National Authority for this purpose. Government should also constitute a high power coordination council to make this amendment effective. SHIR NARENDRA BUDANIA: I support this Bill. Chemical weapons are the most disastrous. These should certainly be destroyed. India had Signed the International Treaty and enacted an Act in this regard in the year 2000. To avoid the Bhopal like tragedy we have to monitor the production, utilization and supply of harmful chemicals. National Authority should be strengthened for this purpose. SHRI P. RAJEEVE: This amendment Bill intends to give more powers to the Government. I support the international initiative to destroy the chemical weapons. But US is using chemical weapons wherever she wants. Instances of Vietnam and Iraq are before us. I have certain objections. This amendment Bill gives more power to the Executive. It will open more avenues for corruption. Several chemical companies would be free from compulsory registration. There are two types of chemical weapons, persistent and non-persistent. There should not be a threshold limit. I hope the Minister will withdraw that part of the amendment therein he prescribed a threshold limit for the registration. SHRI D. BANDYOPADHYAY: I support the Bill, because we were a signatory of the convention do not give up your ability to produce because if there is a threat, you have to produce chemical weapons. But can we go for unilateral action to destroy chemical weapons by taking execuse of non-violence? I have some apprehension. Could this lead to the leakage of dangerous chemical weapons to terrorists? I am supporting the empowerment of the Government but against giving exemption to people except direct Government functionaries. I urge upon the government to take unilateral stand for destroying all chemical weapons.

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SHRI BAISHNAB PARIDA: I support the Bill. India is one of the primary members of the international convention to destroy chemical weapons. After long years of international movement against arms race, the peace loving countries of the world took the decision to destroy and prevent further production of harmful weapons. Chemical weapons are the most dangerous for the existence of humanity. This Bill will enhances the prestige of India as a peace loving country. SHRI SANJAY RAUT: I support the Bill. The Bill is long overdue in view of internal and external threats. The Standing Committee strongly felt that the threat perception, both internal and external, being faced by the country. The Government has incorporated suitable provisions for the security of the country. I do not know whether RDX comes under the purview of this Bill or not. If it is not covered, Minister may consider this. The Government should also work in tandem with other countries for elimination of chemical weapons on the lines of nuclear arsenal. SHRI M. RAMA JOIS: The Statement of Objects and Reasons of the Bill is in conformity with the ancient wisdom. While engaging in war, we have to follow certain rules. I think, the prohibition of use of chemicals weapons is in conformity with our ancient principle of Dharma. DR. NAJMA A. HEPTULLA: This Bill is regarding chemicals weapons. We know that there are certain hazardous chemicals produced by many industries. We can not forget Bhopal Gas Tragedy. I put only one question. Under the garb of manufacture of a non-hazardous material, they might be manufacturing a hazardous material which could be used as a chemical weapon. The Government should take upon itself this responsibility in respect of not only those factories which are registered under the Chemical Weapons Act but also those units which are manufacturing chemicals in other industries. You must have this provision. Hon'ble Minister replying to the debate, said: I thank all the hon. Members who have participated in this debate. This is a Bill amending the original Act. It was introduced in 2010. It went to the

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Standing Committee. The Standing Committee made certain recommendations. We adopted those recommendation of the Standing Committee and, accordingly, we have moved this. I have taken note of the concerns expressed by hon. Members. India is a signatory to this Convention. So, we are fulfilling those international obligations. I hope all the hon. Members will cooperate in the passage of this Bill. The Motion for consideration of the Bill was adopted. Clauses etc. were adopted. The Bill, as amended, was passed.

V. K. AGNIHOTRI, Secretary-General.

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