Dear Friends,
Ever since Samata Sainik Dal –South India has given a call to
raise voice to enact #Rohit_Act to curb out the discrimination in educational
institutions based on Caste, Religion, Gender, Sex and Place of Birth, we are
getting numerous calls to share the basic idea and highlight the concept of the
probable Act.
As we all know that the caste based discrimination have rose
sky high level in all the educational institutions right from schools to the
highest universities of this nation. As a result such increasing discrimination
and unequal treatment in the universities, we lost one of the brilliant
scholars #Rohit_Vemula on 17th January 2016. Right from the day one
Samata Sainik Dal – South India is showing solidarity with the 5 suspended
scholars of #University_Of_Hyderabad, on 30th January 2016 we raised
voice in HCU battleground that there should a central Act (#Rohit_Act) to
control and stop all the discriminations against the marginalized students/scholars of this
great nation.
Article 13, 14, 15, 21 and 21A, 28, 29, 30, 38, 41, 45, 46 of
the Constitution of India speaks about educational rights of the citizen. But
unfortunately the state and centre government has failed miserably in
implementing the egalitarian principles of constitution. The 86th Constitutional
amendment making education a fundamental right was passed by Parliament in
2002. 93rd amendment
provided amendment to article 15, which provide reservation for SC, ST and OBC
in private institutions. But the picture is altogether different.
Indeed there may be laws and UGC rules/guidelines to control
discriminations within the universities, but we have seen that the atrocious
nature and biased administration of almost all the universities does not tend
to do justice to the marginalized students and scholars. Rejani
S. Anand, Bal Mukund Bharti, Anil Kumar
Meena(AIIMS) Ajay Sree Chandra, Senthil Kumar….the list is endless who
succumbed to the caste discrimination and committed suicides at premier
institutions. But we do not see the justice is been done to the victims even
today. Therefore, to control and keep a tab on such atrocities and
discrimination we SSD-South India has raised a voice to fight
for #Rohit_Act. Striving towards this path can only be a real tribute to
martyrs like Rohit Vemula.
While the major concern of #Rohit_Act would be towards
seeking justice and establishing equality within the educational institutions
within the Indian Territory, below are some of the probable conceptual guidelines
and mandatory provisions we are intending to incorporate in the Act and submit
the draft to the government for discussion.
1.
Appoint
a separate Ombudsman in all the
universities and give him/her power of investigation and punishment
2.
Establish
#Fast_Track_Courts to initiate proceedings and resolve the issue within the
specific time frame. ( We can suggest to fix maximum time frame of 3-6 months
for investigation, hearings and pronouncement of orders )
3.
The
accused shall be suspended immediately on account of any allegations of
discrimination based on caste, religion, gender, place of birth etc.
4.
Counseling
Centers shall be established to guide, advice and for boosting the morals of
the students/scholars who comes from village backgrounds and marginalized
communities.
5.
Special
coaching centers shall be established to improve English language of the
students/scholars belongs to marginalized communities.
6.
The
university shall take mandatory actions to locate the marginalized students and
make it mandatory to undergo training sessions to boost their confidence and
morale.
7.
The
university shall submit Quarterly reports to the Ombudsman appointed under this
act of such students/scholars who have been given training.
8.
The
guides of the scholars in the universities shall send quarterly report of such
marginalized scholars improvement report cards to the Vice Chancellor of the university.
9.
If
any student/scholar commits suicide for the alleged discrimination, the
responsible persons for the alleged suicide be arrested immediately and can be
given conditional bail based on the seriousness of the offence/discrimination.
10.
The
University/schools/collages shall establish a body/association for such
marginalized community students/scholars. This body shall fight the legal cases
on behalf of the students/scholars. The cost of such all legal proceedings
shall be borne by the universities/schools/collages.
11.
The
accused shall be refrained from taking classes, attending duties and be
suspended immediately by the university vice chancellor after registration of
FIR in the concerned police stations.
12.
The
victim shall be given appropriate compensation based on the intensity of
discrimination.
13.
If
the student/scholar commits suicide, the University shall pay the compensation
to the tune of Rs.50Lakh to the family of the diseased.
14.
It shall be the duty of the state/center to
compensate by monitory benefits to the tune of Rs.1.50Crore to the diseased
family. Since the death of a scholar is a loss to his family and a great loss
to the national growth, the amount fixed by this act is shall be considered as
protective benefits to the diseased family.
15.
It
shall be the duty of the state/centre to give employment to one family member
of the diseased in cases of suicides due to discrimination if the guilt is
proved.
Other Conceptual Provisions of the
Act shall be.
1. Preamble
2. Title of the Act
3. Definition of the Act
4. Definition of Discrimination.
5. Types of discrimination in
educational institutions.
6. Procedure of appointment of
Independent Ombudsman.
7. Duties of the Ombudsman.
8. Powers of the Ombudsman
9. Procedure of establishment of Fast
Track Courts
10.
Role
of Universities.
11.
Punishments
12.
Miscellaneous
We do not know if our efforts will be
noticed by them. But I strongly believe that, if we strive hard and make the
government speak in this regard it would be a great achievement for all of us. I
would really appreciate your all support and suggestions in making this act a
reality. Therefore, I request you all learned friends to drop your suggestions
here or write to me at advmj.1@gmail.com.
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