Is our country violating U.N. Human Rights?
Guest
(Querist) 28 October 2009
This query is : Resolved
Our country is a member of United Nations. U.N. will treat caste discrimination as Human Rights violations. In our country reservations for Schedule Castes, Schedule Tribes, Backward classes, Minorities are going on. Is it not comes under caste discrimination?
Is our country violating U.N. Human Rights?
Please clarify.
adv. rajeev ( rajoo )
(Expert) 28 October 2009
Reservation fpr scjedi;e castes. scjedi;e trobes. baclward c;asses and minorites is a political stunt of the politicians. No one has worried about the development of the nation, but worried about votes.
In india human rights like reservation to backward SC/ST and minorities is not violating, it is making such people not well qualified.
adv. rajeev ( rajoo )
(Expert) 28 October 2009
It is my another one. Ofcourse it is violating in INdia. Already much is given to them, it is more than sufficient, these politicians are not giving them a chance to develop themselves. One political party has reached its maxmimum limit to provide facilities to them, still they want it because they are vote banks.
Raj Kumar Makkad
(Expert) 28 October 2009
It is not violating human rights as prescribed by UN because to develop certain backward sections of the society by making special provisions for them is not a discrimination with others rather it is a special effort to bring them at par with others. I think these efforts/reservation is within the aims and objects of UN.
Arul Kumar
(Expert) 28 October 2009
The intention of such categorization was for the progress of backward classes. But today it became a trump card for politician to amass votes. The progressive discrimination was permitted for the betterment of backward classes. But the real motive is far from the achievement.
Theja
(Expert) 28 October 2009
I understand that it may be a politicians weapon to lure public votes. However, providing reservations does not constitute a violation under the treaty between India and U.N.O. In fact it is the duty of the state recognsied under directive principles and also under Article 15 of Indain Constitution which provides that 'Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth
(1) The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them
(2) No citizen shall, on grounds only of religion, race, caste, sex, place of birth or any of them, be subject to any disability, liability, restriction or condition with regard to
(a) access to shops, public restaurants, hotels and palaces of public entertainment; or
(b) the use of wells, tanks, bathing ghats, roads and places of public resort maintained wholly or partly out of State funds or dedicated to the use of the general public
(3) Nothing in this article shall prevent the State from making any special provision for women and children
(4) Nothing in this article or in clause ( 2 ) of Article 29 shall prevent the State from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes.
so, it is not violation as of now. But, there is need to amend these laws now and recognise he needs of true talent, merit and efforts of the people. Actually, I appreciate if they provide free education or requisite scholar ships to students under the poverty line. Also, there is a need to revise the layr of poverty live. It shall not be misused by others.
niranjan
(Expert) 28 October 2009
As a person I would think that it is unnecessary and breaks national spirit but since it is provided in the constitution to achieve better objectives it is not against human rights, but it seems that political use thereof would ruin the country.
Adv.Aiyer VLV
(Expert) 07 November 2009
The answer has 2 portions
1. LEGAL
HR VIOLATION?
Yes. it may appear as benefit for those who get reservation, so it is violation for others who are deprived. Like punishing me for unproved allegation of murder by my ancestors.
UN? so what
Legally not violation of Human Right as it is empowered by consitution as already accepted by our SC.
no legal teeth to compel India
INDIAN Constitution
We can't remove caste difference by recognising castes. The whole idea of Constitution providing for no caste discrimination itself is being violated in spirit and letter. With latest quota ruling, any PIL/Writ is likely to be thrown out.
2. Personally
Reservation - WORST WAY
is going in No entry in one way
BEST WAY
to deal with inequalities, must be to provide them free hostel, extra coaching, free food, dress and ensure that their family gets enough work to feed themselves, over a period(2 generations) they will rise up to everyone.
STILL BETTER
Strictly providing reservation consideration on poverty basis without caste affiliation, this is what is needed. Law must not go on principle for eye for eye. Which is happening using reservation. That too on wrong foundations.
