Scrap-this-Crap Protest

The formal name of this protest is: The Daily Protest for the Survival of our Civil Liberties (DPSCL). And the reasons why I am thinking of starting this Protest next week at Jantar Mantar are as follows:

Today, i.e. 5th October, the clampdown in Jammu & Kashmir entered its 3rd Month. Can you imagine the pain and anguish you will go through if you are forced to live under an undeclared curfew? No movement, No business, No school, no college, No communication! Jammu & Kashmir, the so called Heaven on Earth, is living under these hellish conditions for the past 2 Months. Thousands of innocent Kashmiris, including kids, are being detained in the name of Public Safety under PSA.

PSA or Public Safety Act is so draconian that a person can be detained under it for as long as 2 years! The detained person does not have the right to move a bail application before a court, and cannot engage any lawyer to represent him or her before the detaining authority.

For a Delhiite, it might be very difficult to imagine him/herself living under such severe restrictions but if you or your parents, are farmer, you know that pain. It’s because farmers have remained trapped in draconian laws like Essential Commodities Act and various land ceilings Acts since independence. The government tells them where, how and at what price they can sell the crop they have grown! The way govt. is controlling the lives of Kashmiris for the past 2+ months, it has controlled the lives of farmers for the past 71+ years.

If you are one of the 19,06,657 Assamese who have been excluded from the final list of NRC, you would also know how it feels like to be suddenly robbed of all your rights. Because you have been robbed off your citizenship, which is the source of most fundamental rights. One would have hoped that government would scrap this ridiculous exercise which is harassing crores of Indians and stripping citizenship from people who have been living with us for decades. Instead, our Home Minister is planning to implement it in West Bengal and other states!

But this painful story has an evil twist. Not every undocumented person is an ‘illegal immigrant’ in his eyes. He has divided them, because he is so good at dividing, into two categories: Refugees and Infiltrators. Hindus, Sikhs, Buddhists, Jains, Parsis and Christians are Refugees. They will be gifted Citizenship once the Citizenship (Amendment) Bill, 2019 is passed by the Parliament. Muslims are Infiltrator and they will be driven out of the country. Where? Nobody knows. Maybe thrown into the Bay of Bengal or sent to the Moon.

These are extremely difficult times for the survival of our basic civil liberties. Just take a quick look at the bills this government has brought recently and you will agree: The Unlawful Activities (Prevention) Amendment Bill, 2019; The Right to Information (Amendment) Bill, 2019; The Aadhaar and Other Laws (Amendment) Bill, 2019, etc.

Courts, especially the Supreme Court, which are entrusted with the job of protecting our civil liberties appears to be taking this job very lightly. 5 Supreme Court Judges in a row recused themselves from hearing the petition of rights activist Gautam Navlakha before it was finally heard. Same is the case with ex-IPS Officer Sajiv Bhatt. Judge after Judge recused themselves from hearing his bail applications.

Put yourself in their shoes and ask, “If all Judges start recusing themselves like this without giving any reason in writing, where would you go for Justice? Is it fair for you to rot in jail for years just because a judge isn’t feeling like hearing your matter? And on the other hand, riot, murder and terror accused who happen to be close to power are easily getting bail…even fighting elections!

Don’t you feel sick of whatever is happening around you? Don’t you feel something needs to be done?

It’s time we take up the job of safeguarding our civil liberties in our own hands. This is the highest quality of employment a citizen an get and we must thank this government for creating such circumstances where we are compelled to take up this top job.

Jokes apart, I understand how tough this job is. From a pastime, it has suddenly become an Adventure Sport. Threat of ridicule, arrest, assault or character assassination is quite real. But what’s the point of keep living like a vegetable while the entire farm is being ransacked? What’s the point in saving your ass but losing your face? 

Hence this Daily Protest for the Survival of our Civil Liberties.

Preliminary DEMANDS:

1. Remove curbs on free movement and immediately restore mobile communication and internet in Jammu & Kashmir.

2. Scrap Public Safety Act (PSA) and immediately release everyone detained under it.

3. Grant Citizenship to all the 19,06,657 people excluded from the final list of NRC in Assam.

4. Scrap National Register of Citizens (NRC) and all plans to implement it in any other state by the Centre or State govt.

5. Scrap The Citizenship (Amendment) Bill, 2019 OR make it blind to the religion of the so called “illegal immigrant”.

6. Scrap all curbs put on farmers via Essential Commodities Act and various state Agriculture Land Holding and Ceiling Acts. Instead, draft a holistic ‘Freedom to Farmers Act’.

7. Pass a law making it mandatory for any judge to provide written reason before recusing himself from hearing any case. It’s not sufficient for him to say “Not before me”.

I know some of these demands look outrageous but we have the example of Hong Kong in front of us. Their demand also looked outrageous in the beginning. In the end, CHINA gave in. Let that sink in for a minute.

So keeping the outrageousness of the demands aside, what do you think about the idea? if this Protest starts at Jantar Mantar this week (say 7th October, Monday), and you happen to be in Delhi and have some time at hand, would you like to join it in that case? Do you have a demand which you would like to add to this list? If yes, please share. Lets discuss on it.

Since it’s a DAILY protest; the plan is to structure it in a manner that your day-job doesn’t come in the way of your spirit to fight for your civil liberties. How about we time it 4PM to 10PM on weekdays and 10AM to 10PM on Weekends (Sat-Sun) and see how things develop in that one week to decide the structure for the next week?

Your comments and suggestions would be very helpful in tweaking the tone, approach and demands of this protest.

If you agree with the purpose of this protest but unfortunately do not live in Delhi, then maybe, at least share this post with your like-minded friends in NCR so that they can take a call.

But if you live in Delhi … it would be great if you can find some time in your hectic schedule to join in. If we don’t speak up now, when would we speak up? Sometimes, success or failure doesn’t matter…what matters is the fact that you didn’t take it lying down. What matters is that you fought back.

Haath ko Aaya, Muh Na Laga: The Story of 10% Quota for General Category "Poor"

BREAKING: The 124th Constitution Amendment Bill to provide 10% quota in jobs and education to general category candidates who belong to economically weaker sections has just been passed by the Parliament. It's rare that our parliament displays such unanimity and speed.

One thing that stands out in this reservation policy is ... the way "economically weaker section" has been defined. Anyone earning less than 8 Lakhs/annum is in it! Wow!

Where did this figure arrive?
It seems that the govt has imported this figure from OBC reservation. In OBC (or Other Backward Classes), anyone who earns more than 8 Lakhs/annum is considered to be part of "Creamy Layer" and hence not eligible for the benefits of reservation.

The remaining people of that particular caste, earning less than the cut-off income are considered to be representing a "backward class" in the true sense, as per the Supreme Court.

But why 8 lakhs? Ain't that a lot of money?
Well, the reason is simple. If the govt. has to deny somebody reservation - a benefit given to him by the Constitution - the reason for this denial has to be so strong that the ass of the govt. is covered. But the biggest reason is ... reservation can't be given (and hence can't be denied) solely based on financial standing of a person.

Once the presumption has been made by the President of India that a particular caste is "backward" because of its low status in the social hierarchy for various reasons and the injustice it has suffered over centuries, it's not easy to simply throw some members of that caste out just because they are not as poor as other members of that caste, unless they are earning so high that that income alone is sufficient to pull them out of their social, educational and economic backwardness.

That's why 8 lakhs/annum (earlier 6 Lakhs/annum) has been chosen because even a dead body lying in a grave can tell that someone earning 8 lakhs in a year is definitely NOT backward and no injustice would be caused to him/her if the benefit of reservation is denied.

Now to say, "someone earning 8 lakhs in a year is definitely NOT backward" is one thing, to say, "someone earning 8 lakhs in a year is definitely NOT poor" is quite the other. And this is precisely what Modi govt has said while promising 10% reservation to General category people who happen to be economically weak/backward.

Since these people can't claim any historic injustice or low social status, the Sole criteria on which they are promised reservation is their weak economic condition.

Now, in India, who can be called "economically weak' or 'economically backward' or in simple words 'poor'? Mind you, so poor that its justified to provide him the benefit of reservation which so far is only provide to SCs, STs and OBCs.

The World Bank suggests a poverty line of 3.2 PPP$ which translates into roughly a consumption level of Rs 75 per person per day. (Via Indian Express, June 2018). So anyone whose annual income/consumption is less than Rs. 27,375 can be considered 'poor'.in India.

If that's too fuckin low, let's take some help from the Finance Ministry. It says that anyone with an annual Income less than Rs 2.5 Lakhs need not bother pay Income tax based on the maxim "nanga nahayega kya aur nichodega kya."

From 2.5 - 5 Lakhs, s/he pays Income tax at the rate of 5%. And after 5 Lakhs, the rate is a whopping 20%. I guess it's fair to assume that if you are paying Income Tax, you are not economically weak. The govt doesn't have to wait for the income to rise up to as high as 8 lakhs to realize that the person isn't economically weak, while taxing him all this while.

Clearly, what could be safely said, in the case of OBC, at 8 Lakh rupees, can be fairly said, in the case of a general category person, at Rs 2.5 Lakhs.

In this time and age, where money in your bank decides your exposure and access to opportunities, it's fair and justified to provide a window of opportunity to people who do not have a sound bank balance, but a decision - good, in principle - has been reduced to a farce (and almost a 'fraud' committed on the citizens in an election year) by setting a ridiculously high income cut-off which has an effect of making more than 90% people eligible for the 10% posts.

It might turn out to be wiser to rather stay in the core-general category and compete with lesser number of people for the remaining 41% seats.