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THE “BWSSB REMOVED SMT MAHALAKSHMI” AS “METER READER” ON FALSE ADVICE OF NON-SC ST MAY ATTRACT SECTION 3(1) (Z) (IX) ATTOCITY ACT

 
 
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THE “BWSSB REMOVED SMT MAHALAKSHMI” AS “METER READER” ON FALSE ADVICE OF NON-SC ST MAY ATTRACT SECTION 3(1) (Z) (IX) ATTOCITY ACT
by System Administrator - Saturday, 14 January 2017, 4:44 AM
 

By: M.S.Yatnatti: Editor and Video Journalist Bengaluru: Smt Mahalakshmi RD/O Sri Ramaiahwho belongs to schedule cast community is removed from the job she has got after due process of law and as per order in WP 20419 /2012 dated 31-08-2012 she was not supposed to be disturbed and BWSSBhave removed her on false and frivolous information and advise by the advocates non SC officers on the panel of recruitment committee BWSSB which is an atrocity on SC community under section 3(1) (ix) Atrocity Act . These offence punishable under Section 3(1) (ix) (x) (zc) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act. Filing of the First Information Report (FIR) is of paramount importance as the process of justice begins with registration of an offence with the police station. The procedure for filing FIR has been given under Section 154 of Code of Criminal Procedure, 1973.  The Constitution Bench of Supreme Court of India in its judgment dated 12.11.2013, in the W.P. (Criminal) No. 68 of 2008{Lalita Kumari Vs Govt. of Uttar Pradesh and Ors.} has, inter-alia, held that, "Registration of FIR is mandatory under Section 154 of the Code, if the information discloses commission of a cognizable offence and no preliminary inquiry is permissible in such a situation”. The offences under the PoA Act are cognizable. As such the affected person must file an First Information Report (FIR) in the Police Station of the area as per relevant provisions under Chapter II of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities){PoA} Act, 1989, as amended by the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) (Amendment) Act, 2015(No. 1 of 2016). Stopping economic facilities given to others and stopping to SC person amount to atrocity on SC ST person under atrocity Act 1989 and 2015 amendment under Modi Government and copies are enclosed.

The Scheduled Castes (SCs) and the Scheduled Tribes (STs) Prevention of Atrocities (PoA) Act, 1989 was amended recently to include new offences and to ensure speedy justice to victims. The amendments to the act were originally issued as an ordinance by the previous UPA government in March 2014. The NDA government has now got the amendments passed in both the houses of parliament. Subsequent to the amendments, certain changes became necessary to the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Rules, 1995. The said rules are now modified and were notified on 14th April, 2016. These offence are punishable under Section 3(1) (ix) (x) (zc) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act read with other IPC Sections.

Whoever, not being a member of a Scheduled Caste or a Scheduled Tribe shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to five years and with fine. -viii. Institutes false, malicious or vexatious suit or criminal or other legal proceedings against a member of a Scheduled Caste or a Scheduled Tribe ix. 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 member of a Scheduled Caste or a Scheduled Tribex. intentionally insults or intimidates with intent to humiliate a member of a Scheduled Caste or a Scheduled Tribe in any place within public viewvii. Being a public servant, commits any offence under this section, shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to the punishment provided for that offence.Imposes or threatens a social or economic boycott of any person or a family or a group belonging to a Scheduled Caste or a Scheduled Tribe.It is reported that she reserve the right to file police complaint under Atrocity Act against officers and advocates of BWSSB for this atrocity if she is not re-appointed lawfully with her back wages since her illegal removal . . According to press reports the Karnataka government's dismal performance in securing convictions of those charged under the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989, is a damning indictment of the failure of state functionaries to ensure justice to victims of caste violence. According to a report that examined implementation of the PoA Act, of the 1,633 cases booked under this legislation in Karnataka in 2014, not even one case ended in conviction; in 273 cases, the accused were acquitted and in 384 cases, B-reports were filed and police dropped the case on the grounds of insufficient evidence. The State's zero conviction rate under the PoA Act is reason for serious concern. It indicates that perpetrators of atrocities against SCs and STs are getting away without having to face punishment. The  Constitution prohibits the practice of untouchability in all its forms. In 1955, the Protection of Civil Rights Act was enacted to protect the fundamental and socio-economic, political, and cultural rights of SCs and STs. Still, violence and humiliation continued to be heaped on them. It was in this context that the government enacted the stringent PoA Act in 1989. Under it, the violence perpetrated by non-SC/STs against SC/STs is not just a crime, it is an atrocity. It provides for special courts to ensure speedy trial and stringent punishment to those convicted in the hope that it would deter such atrocities in future. However, the enactment of the PoA has not prevented atrocities against SC/STs; instead, they have only increased in frequency and ferocity.The PoA is not being imple-mented. Often, the police connive with perpetrators to destroy evidence and intimidate the victims into withdrawing the case. SC/ST activists point out that police are often unwilling to file a case under the PoA Act and instead pressure SC/ST victims to file a case under the more lenient Indian Penal Code, which among other things allows bail to the accused. Out on bail, the accused often file 'counter cases' against SC/STs so that a 'compromise' settlement can be reached.Karnataka has the dubious distinction of standing third in the country in terms of the number of atrocity cases registered in 2014. It tops the county with regard to the rate of atrocities which is the number of atrocity cases per 100,000 population of SC/ST in the state. It can change this by diligently implementing the PoA Act. Civil society must strengthen the hands of SC/ST organisations in their fight for justice.

Request is made to Chairman and Managing director and CAO of BWSSB to immediately reinstate Smt Mahalakshmi RD/O Sri Ramaiah as meter reader in BWSSB as per HKHC court order .The Commissioner for persons with disabilities in Karnataka State has issued directions to BWSSB to revoke the termination order ofSmt Mahalakshmi RD/O Sri Ramaiah issued on 13-06-2013 as she was appointed as per law .Accordingly Commissioner for persons with disabilities in Karnataka State has issued a letter on 28-05-2015 with directionsto take action as law and submit action taken report to him in respect of appointment ofSmt Mahalakshmi RD/O Sri Ramaiah as meter reader in BWSSB as per HKHC court order.Smt Mahalakshmi RD/O Sri Ramaiah meter reader Handicapped Person was removed from the post in BWSSB in violation of HKHC order in WP 20419 /2012 dated 31-08-2012 and Cadre and recruitment rules of Government of Karnataka and it iscontempt of high court order inWP 20419 /2012 dated 31-08-2012. BWSSB need to consider revoking the order issued on 13-06-2013 removing Smt Mahalakshmi RD/O Sri Ramaiah. The Commissioner for persons with disabilities in Karnataka State has been requested furtherto issue a noticeto BWSSB to consider revoking the order issued on 13-06-2013 removing Smt Mahalakshmi RD/O Sri Ramaiahwho was appointed on 07-01-2013 as meter reader as per recruitment process in view of the order in WP 20419 /2012 dated 31-08-2012 appointing Shri N Basavarajuas meter reader and withoutdisturbing the list already published and according to which she was not supposed to be removed from thepost of meter reader on07-01-2013 and in view of several meter reader post are vacant and for which fresh appointments' are being made in BWSSB possibility was existingin BWSSSB not to disturb the original list published as per order in WP 20419 /2012 dated 31-08-2012 and removing Smt Mahalakshmi RD/O Sri Ramaiahis nothing but contempt of court . Shri N Basavarajuappointment should have been done without affecting the appointment of Smt Mahalakshmi RD/O Sri Ramaiah which was done as per Cadreand recruitment rules of Government of Karnataka and once appointed cannot be removed and removal has to happen as per due process of law .Smt Mahalakshmi RD/O Sri Ramaiah was removed without following due process of law and withoutany reason and injustice committed to her as list already published was not quashed by either by The Commissioner for persons with disabilities in Karnataka Stateor by Karnataka high court in any proceedings .