Tuesday, April 5, 2016

Rohit_Act…The Conceptual Draft of the Act.




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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