PREVIOUS HOUR

-TMV/VK/HMS/1N/12.00

MINISTER INTRODUCED

THE PRIME MINISTER (DR. MANMOHAN SINGH): Hon. Chairman, Sir, with your permission, I wish to introduce to you and through you to this august House my colleague, Shrimati V. Radhika Selvi, Minister of State in the Ministry of Home Affairs who has recently been inducted into the Council of Ministers. (Interruptions). (Ends)

0 0 ֮ : ָ, ָ֯ appoint ִֵ ...(־֮֬)... ׸ױ֮ ...(־֮֬)...

MR. CHAIRMAN: Please sit down. (Interruptions).

THE MINISTER OF SHIPPING, ROAD TRANSPORT AND HIGHWAYS (SHRI T.R. BAALU) : Sir, they are just.....(Interruptions).

PAPERS LAID ON THE TABLE

 

SHRI T.R. BAALU : Sir, I lay on the Table, a copy      (in English and Hindi) of the Memorandum of Understanding between the Government of India (Ministry of  Shipping, Road Transport and Highways, Department of Shipping) and the Hooghly Dock and Port Engineers Limited (HDPEL), for the year 2007-2008.

SHRI S.S. PALANIMANICKAM : Sir, I lay on the Table

I.  A copy each (in English and Hindi) of the following Notifications of the Ministry of Finance (Department of Revenue), under sub-section (4) of section 94 of the Finance Act, 1994, together with Explanatory Memoranda on the Notifications:-

 

(1)          G.S.R. 349 (E) dated the 12th May, 2007, publishing the Service Tax (Third Amendment) Rules, 2007.

 

(2)          G.S.R. 350 (E) dated the 12th May, 2007, publishing Notification No. 21/2007-Service Tax dated the 12th May,  2007, amending G.S.R. 239 (E) dated the 19th April, 2005, including/inserting  Secondary and Higher Education Cess under the category of duties and Cess eligible for the purpose of rebate of service tax for exports. 

 

(3)          G.S.R. 351 (E) dated the 12th May,  2007, publishing Notification No. 22/2007-Service Tax dated the 12th May,  2007, amending G.S.R. 240 (E) dated the 19th April, 2005, including  Secondary and Higher Education Cess under the category of duties and cess eligible for the purpose of rebate of service tax for exports. 

 

(4)          G.S.R. 369 (E) dated the 22nd May,  2007, publishing Notification No. 23/2007- Service Tax dated the 22nd May, 2007, seeking to appoint 1st June, 2007 as the date on which the provisions of clause (A) and clause (B) of section 135 of the Finance Act, 2007 shall come into force.

 

(5)          G.S.R. 370 (E) dated the 22nd May, 2007, publishing Notification No. 24/2007- Service Tax dated the 22nd May, 2007, exempting taxable service provided by any person in relation to renting of immovable property from service tax equivalent to service tax payable on the amount of property tax, actually paid by the service provided to the local bodies, with effect from the 1st June, 2007.

 

(6)          G.S.R. 371 (E) dated the 22nd May, 2007, publishing Notification No. 25/2007- Service Tax dated the 22nd May, 2007, exempting commercial or industrial construction service, and service provided in relation to the execution of works contract, provided to any person by any other person in relation to construction of a port or other port, from the whole of the service tax leviable thereon with effect from the 1st June, 2007.

 

(7)          G.S.R. 372 (E) dated the 22nd May, 2007, publishing Notification No. 26/2007- Service Tax dated the 22nd May, 2007, rescinding  G.S.R. 358 (E) dated the 7th June, 2005, with effect from the 1st June, 2007.

 

(8)          G.S.R. 373 (E) dated the 22nd May, 2007, publishing Notification No. 27/2007- Service Tax dated the 22nd May, 2007, amending G.S.R. 849 (E) dated the 31st December, 2004, with effect from the 1st June, .2007, so as to substitute the reference to various telecommunication related taxable services.

 

(9)          G.S.R. 374 (E) dated the 22nd May, 2007, publishing the Service Tax (Fourth Amendment) Rules, 2007.

 

(10)       G.S.R. 375 (E) dated the 22nd May, 2007, publishing the Service Tax (Determination of Value) (Amendment) Rules, 2007.

 

(11)       G.S.R. 376 (E) dated the 22nd May, 2007, publishing the Export of Services (Second Amendment) Rules, 2007.

 

(12)       G.S.R. 377 (E) dated the 22nd May, 2007, publishing the Taxation of Services (Provided from Outside India and Received in India) (Amendment) Rules, 2007.

 

(13)       G.S.R. 378 (E) dated the 22nd May, 2007, publishing the Works Contract (Composition Scheme for Payment of Service Tax) Rules, 2007.

II. A copy each (in English and Hindi) of the following Notifications of the Ministry of Finance (Department of Revenue), under sub-section (7) of section 9A  of the Customs Tariff Act, 1975, together with Explanatory Memoranda on the Notifications:-

 

(1)          G.S.R. 316 (E) dated the 30th April, 2007, publishing Notification No. 59/2007-Customs dated the 30th April, 2007, seeking to provisionally exempting imports of vitrified and porcelain tiles, other than industrial vitrified tiles, produced and exported by specified parties from anti-dumping duty imposed under Notification G.S.R. 376 (E) dated the 1st May, 2003.

 

(2)          G.S.R. 317 (E) dated the 30th April, 2007, publishing Notification No. 60/2007-Customs dated the 30th April, 2007 seeking to amend Notification No. G.S.R. 186 (E) dated the 9th March, 2007, so as to exempt provisionally, import of goods, produced by M/s Guangdong Monalisa Ceramic Co. Ltd, Peoples Republic of China and exported by M/s Foshan Monalisa Industry Co. Ltd, Peoples Republic of China through M/s. Ava Corp., Hong Kong., from anti-dumping duty imposed under Notification 73/2003-Customs dated the 1st May, 2003.

 

(3)          G.S.R. 329 (E) dated the 7th May, 2007, publishing Notification No. 64/2007-Customs dated the 7th May, 2007, seeking to impose final anti dumping duty, based on recommendation of designated authority in  the sunset review findings, on imports of  Zinc Oxide, originating in, or exported from, the Peoples Republic of China.

 

(4)          G.S.R. 336 (E) dated the 9th May, 2007, publishing Notification No. 65/2007-Customs dated the 9th May, 2007, amending G.S.R. 127 (E), dated the 20 February, 2007 so as to remove the reference to price undertaking given by M/s. Taiwan Pulp and Paper Corporation, Taiwan and non applicability of anti-dumping duty on Potassium Carbonate, exported by M/s. Taiwan Pulp and Paper Corporation, Taiwan.

 

(5)          G.S.R. 337 (E) dated the 9th May, 2007, publishing Notification No. 66/2007-Customs dated the 9th May, 2007, seeking to impose provisional anti-dumping duty on import of Potassium Carbonate of any specification, exported by M/s. Taiwan Pulp and Paper Corporation, Taiwan (Chinese Taipei), into India, in view of the revocation of the price undertaking by the designated authority.

 

(6)          G.S.R. 343 (E) dated the 11th May, 2007, publishing Notification No. 67/2007-Customs dated the 11th May, 2007 seeking to extend levy of anti-dumping duty imposed vide Notification No. 73/2003-Customs, dated the 1st May, 2003, on imports of vitrified and porcelain tiles, other than vitrified industrial tiles, originating in, or exported from, the Peoples Republic of China and United Arab Emirates (UAE), upto and inclusive of the 1st May, 2008 pending finalization of sunset review investigation being conducted by the Directorate General of Anti-dumping and Allied duties.

 

(7)          G.S.R. 436 (E) dated the 19th June, 2007, publishing Notification No. 77/2007-Customs dated the 19th May, 2007, seeking to impose provisional anti-dumping duty on imports of Acetone, originating in, or exported from, European Union, Chinese Taipei, Singapore, South Africa and the United States of America (USA), into India.

 

(8)          G.S.R. 452 (E) dated the 29th June, 2007, publishing Notification No. 78/2007-Customs dated the 29th June, 2007, seeking to impose definitive anti-dumping duty on imports of Compact Disc-Recordable (CD-Rs) falling under tariff heading 8523 40 of the Customs Tariff, originating in or exported, to India, from the Peoples Republic of China, Hong Kong, Singapore and Chinese Taipei.

 

(9)          G.S.R. 477 (E) dated the 10th July, 2007, publishing Notification No. 86/2007-Customs dated the 10th July, 2007, seeking to impose final anti-dumping duty on imports of partially oriented yarn, originating in or exported from, Thailand, Indonesia, Malaysia and Chinese Taipei, at the rates recommended by the designated authority in the Sunset Review findings.

III. A copy each (in English and Hindi) of the following Notifications of the Ministry of Finance (Department of Revenue), under sub section (2) of section 38 of the Central Excise Act, 1944 together with Explanatory Memoranda on the Notifications:-

 

(1)          G.S.R. 307 (E) dated the 25th April, 2007, publishing Notification No.20/2007-Central Excise dated the 25th April, 2007, providing for excise duty exemption scheme for industrial units located in the North Eastern Region including Sikkim, to give effect to the new North East Industrial and Investment Promotion Policy, 2007. 

 

(2)       G.S.R. 308 (E) dated the 25th April, 2007, publishing Notification No.21/2007-Central Excise dated the 25th April, 2007, amending G.S.R. 508 (E), dated the 8th July, 1999, G.S.R. 509 (E), dated the 8th July, 1999, G.S.R. 513 (E), dated the 25th June, 1999 and  G.S.R. 717 (E), dated the 9th September, 2003, to carry out certain changes in  original Notification relating to Sikkim, to exclude specified goods and specified processes from availing of excise duty exemptions.

 

(3)          G.S.R. 309 (E) dated the 25th April, 2007, publishing Notification No.24/2007-Central Excise (NT) dated the 25th April, 2007, publishing the CENVAT Credit (Fourth Amendment) Rules, 2007.

 

(4)          G.S.R. 310 (E) dated the 25th April, 2007, publishing Notification No.25/2007-Central Excise (NT) dated the 25th April, 2007, prescribing the procedure, conditions for claiming refund of unutilized CENVAT Credit to units located in North Eastern States in terms of rule 5A of the CENVAT Credit Rules, 2004.

 

(5)          G.S.R. 321 (E) dated the 3rd May, 2007, publishing Notification No.22/2007-Central Excise dated the 3rd May, 2007, amending G.S.R. 93 (E), dated the 1st March, 2006, so as to  (a) exempt ready to eat packaged food, texturized vegetable proteins (soya bari) and biscuits of MRP equivalent not exceeding Rs.100 per kg from excise duty; and reduce specific excise duty on handmade biris by Rs.2 per thousand sticks and on machine made biris by Rs.3 per thousand sticks.

 

(6)          G.S.R. 322 (E) dated the 3rd May, 2007, publishing Notification No.23/2007-Central Excise dated the 3rd May, 2007, amending G.S.R. 94 (E), dated the 1st March, 2006, so as to (a) provide a concessional rate of excise  duty of      12% of retail sale price on Portland cement  (other than white cement) in packaged form of retail sale price more than Rs.190 per 50 kg bag but less than Rs.250 per 50 kg bag or of equivalent retail sale price exceeding Rs. 3800 PMT but not exceeding Rs. 5000 PMT; and (b) exempt particle boards, fibre boards of wood or of ligneous materials from excise duty..

 

(7)          G.S.R. 323 (E) dated the 3rd May, 2007, publishing Notification No.24/2007-Central Excise dated the 3rd May, 2007, amending G.S.R. 96 (E), dated the 1st March, 2006, so as to (a) extend concessional rate of 8% excise duty on water purification equipment based on ultra-filtration technology using polysulphone membranes, refrigerated motor vehicles and slide fasteners including zip fasteners; and (b) exempt specified aircrafts from excise duty.

 

(8)          G.S.R. 347 (E) dated the 12th May, 2007, publishing Notification No.25/2007-Central Excise dated the 12th May, 2007, exempting Secondary and Higher Education cess excisable goods to the extent chargeable on Education cess on excisable goods was in the Finance Bill, 2007 rescinding Notification G.S.R. 147 (E) dated the 1st March, 2007.

 

(9)          G.S.R. 348 (E) dated the 12th May, 2007, publishing Notification No.27/2007-Central Excise (N.T.) dated the 12th May, 2007, publishing the CENVAT Credit (Sixth Amendment) Rules, 2007.

 

(10)       G.S.R. 418 (E) dated the 6th June, 2007, publishing Notification No.26/2007-Central Excise dated the 6th June, 2007, amending G.S.R. 265 (E), dated the 31st March, 2003,  so as to allow clearance or de-bonding of the goods other than capital goods at the time of exit from Export Oriented Undertaking (EOU) or Software Technology Park (STP) or Electronic Hardware Technology Park (EHTP) unit under Advance Authorisation as a one time option provided the EOU/STP/EHTP unit has fulfilled positive Net Foreign Exchange Earnings (NFE).

 

(11)       G.S.R. 428 (E) dated the 14th June, 2007, publishing Notification No. 27/2007-Central Excise dated the 14th June, 2007, amending G.S.R. 537 (E) dated the 17th August,2005, so as to extend the last date for construction of such houses from the 31st July, 2007 to                  31st March, 2008.

 

(12)       G.S.R. 474 (E) dated the 6th July, 2007, publishing Notification No.29/2007-Central Excise dated the 6th July, 2007, amending G.S.R. 265 (E), dated the 31st March, 2003 and G.S.R. 266 (E), dated the 31st March, 2003, substituting certain entries in original Notification.

 

(13)       G.S.R. 478 (E) dated the 10th July, 2007, publishing Notification No. 30/2007-Central Excise dated the 10th July, 2007 amending G.S.R. 256 (E) dated the 16th March, 1995, so as to exempt machinery, equipment, instruments, components, spares, jigs, fixtures, dies, tools, accessories, computer software, raw materials and consumables required for the Long Range Surface to Air Missile (LR-SAM) Programme of the Ministry of Defence.

IV. A copy each (in English and Hindi) of the following Notifications of the Ministry of Finance (Department of Revenue) under section 159 of the Customs Act, 1962, together with Explanatory Memoranda on the Notifications:-

 

(1)          G.S.R. 324 (E) dated the 3rd May, 2007, publishing Notification No. 61/2007-Customs, dated the 3rd May, 2007, amending G.S.R. 118 (E), dated the 1st March, 2002, to reduce customs duty on nickel and articles of nickel, cut and polished diamonds,              N-Paraffin, specified imports of aircraft and their parts, and refrigerated motor vehicles.

 

(2)          G.S.R. 325 dated the 3rd May, 2007, publishing Notification       No. 62/2007-Customs, dated the 3rd May, 2007, reducing customs duty on export of iron ore fines of Fe content 62% and below from   Rs. 300 per tonne to Rs. 50 per tonne.

 

(3)          G.S.R. 332 (E) dated the 8th May, 2007, publishing Notification No. 48/2007-Customs, (N.T.), dated the 8th May, 2007, amending Notification No. 1/64-Customs, dated the 18th January, 1964 which prohibits import of certain goods, so as to (i) align the provisions of the Notification with the provisions of the Trade Marks Act, 1999; and (ii) to delete the provisions which prohibit import of goods which infringe right of the right holders.

 

(4)          G.S.R. 333 (E) dated the 8th May, 2007, publishing Notification No. 49/2007-Customs, (NT) dated the 8th May, 2007, seeking to prohibit import of goods infringing the intellectual property right of right holders under Intellectual Property laws namely, the Copyright Act, 1957, the Trade Marks Act, 1999, the Patents Act, 1970, the Designs Act  2000 and the Geographical Indications of Goods (Registration and Protection) Act, 1999.

 

(5)          G.S.R. 334 (E) dated the 8th May, 2007, publishing Notification No. 50/2007-Customs, (NT) dated the 8th May, 2007, seeking to (i) supersede Notification No. 135/60 Customs dated the                 31st December, 1960 which prohibited export of goods infringing certain provisions of Trade and Merchandise Marks Act, 1958 (ii) prohibits export of goods which infringe certain provisions of the Trade Marks Act, 1999.

 

(6)          G.S.R. 344 (E) dated the 12th May, 2007, publishing Notification No. 68/2007- Customs, dated the 12th May, 2007, seeking to rescind Notification G.S.R 118  (E) dated 1st March 2007.

 

(7)          G.S.R. 345 (E) dated the 12th  May, 2007, publishing Notification No. 69/2007- Customs, dated the 12th May, 2007, amending G.S.R. 125 (E), dated the 1st March, 2007, seeking to  maintain the existing exemptions from Secondary and Higher Education cess.

 

(8)          G.S.R. 346 (E) dated the 12th  May, 2007, publishing Notification No. 70/2007- Customs, dated the 12th May, 2007, rescinding Notification G.S.R. 124 (E) dated 1st March, 2007

 

(9)          G.S.R. 355 (E) dated the 14th  May, 2007, publishing Notification No. 71/2007- Customs, dated the 14th May, 2007, amending G.S.R. 118(E), dated the 1st March, 2002, so as to extend this exemption upto 31st March 2009.

 

(10)       G.S.R. 414 (E) dated the 5th  June, 2007, publishing Notification No. 75/2007- Customs, dated the 5th June, 2007 amending G.S.R. 434 (E), dated the 12th May, 2007,

 

(11)       G.S.R. 417 (E), dated the 6th June, 2007, publishing Notification No. 76/2007-Customs, dated the 6th June, 2007, amending (i) G.S.R. 360 (E) dated the 16th May, 2001, so as to add a new laboratory M/s International Diamond Laboratories DMCC, Dubai in the list of approved laboratories for certification and grading of cut and polished diamonds of 0.25 carat or above in alignment with Para 4A.2 of Foreign Trade Policy (ii) G.S.R. 289 (E) dated the 28th April, 1999, so as to create another category of rhodium-finish silver jewellery for allowing duty free import of goods equal to 3% of the Free on Board (FOB) value of the export of rhodium-finish silver jewellery in the preceding year. and (iii) G.S.R. 274 (E) dated the 31st March, 2003 to allow clearance or debonding of goods other than capital goods at the time of exit from EOU/STP/EHTP.

 

(12)       G.S.R. 453 (E) dated the 29th June, 2007, publishing Notification No. 79/2007- Customs, dated the 29th June, 2007, amending G.S.R. 393 (E), dated the 30th June, 2006, so as to reduce the customs duty to 50% of the existing preferential rate only for Least Developing Countries (LDCs) of SAFTA (i.e., Bangladesh, Bhutan, Nepal and Maldives) leaving rates 5% or below unchanged.

 

(13)       G.S.R. 454 (E) dated the 29th  June, 2007, publishing Notification No. 80/2007- Customs, dated the 29th June, 2007, amending G.S.R. 394 (E), dated the 30th June, 2006, so as to reduce the specific component of the mixed rates of duties for 213 textiles lines by fifty per cent of the existing preferential rates when imported from SAFTA member states.

 

(14)       G.S.R. 463 (E) dated the 3rd   July, 2007, publishing Notification No. 82/2007- Customs, dated the 3rd July, 2007, exempting the additional duty of customs (in lieu of State Excise Duty) on imported spirit/liquor, wines and beer so imposed under Notification G.S.R. 167 (E) dated the 1st March, 2003.

 

(15)  G.S.R. 466 (E) dated the 4th    July, 2007, publishing Notification No. 83/2007- Customs, dated the 4th  July, 2007, amending G.S.R. 411 (E), date the 9th  July, 2004 so as to exempt wines falling under headings 2204 and 2205, and tariff item 2206 00 00 from 2% Education Cess and 1% Secondary and Higher Education Cess of Customs.

 

(16)       G.S.R. 473 (E), dated the 6th July, 2007, publishing Notification No. 84/2007-Customs dated the 6th July,  2007, amending G.S.R. 28(E) dated the 18th January, 1994, G.S.R. 569 (E) dated the     16th December, 1996, G.S.R. 399 (E) dated the 5th May, 2000, G.S.R. 413 (E) dated the 8th May, 2000 and G.S.R. 274 (E) dated the 31st March, 2003, specifying effective rates of customs duty on certain items.

 

(17)       G.S.R. 476 (E) dated the 10th July, 2007, publishing Notification No. 85/2007- Customs, dated the 10th July, 2007, amending G.S.R. 291(E), date the 23rd July, 1996 so as to exempt Machinery, equipment, instruments, components, spares, jigs, fixtures, dies tools, accessories, computer software, raw materials and consumables required for the Long Range Surface to Air Missile (LR-SAM) Programme of Ministry of Defence.

SHRIMATI KANTI SINGH  : Sir, I lay on the Table, a copy each       (in English and Hindi) of the following papers:

 

(i)        Memorandum of Understanding between the Government of India (Ministry of  Heavy Industries and Public Enterprises, Department of Heavy Industry) and the Cement Corporation of India Limited (CCI), for the year 2006-2007.

 

(ii)       Memorandum of Understanding between the Government of India (Ministry of  Heavy Industries and Public Enterprises, Department of Heavy Industry) and the Cement Corporation of India Limited (CCI), for the year 2007-2008.

(Ends)

REPORT OF THE COMMITTEE ON PAPERS LAID ON THE TABLE

SHRIMATI SYEDA ANWARA TAIMUR (ASSAM): Sir, I present the One Hundred-ninth Report (in English and Hindi) of the Committee on Papers Laid on the Table regarding Government Notifications/Orders and Annual Reports and Audited Accounts of Government Companies/Organisations laid on the Table of Rajya Sabha during the 209th Session.

(Ends)

REPORT OF THE DEPARTMENT RELATED PARLIAMENTARY STANDING COMMITTEE ON INDUSTRY

ָ֕ ״ (UTTAR PRADESH): , "ֵָ ֮ כ ׻״֙ (þ״֟ ׾׮֮֬) ׾֬, 2007" (ָ ӡֵֻ) ӲӬ ׾ֳ Ӳ׬֟ ӲӬ ֤ߵ ãֵ ״ן ߮־ ן־ ( ֣ ) ß (Ends)

REPORT OF THE COMMITTEE ON EMPOWERMENT OF WOMEN

 

KUMARI NIRMALA DESHPANDE (NOMINATED): Sir, I lay on the Table a copy (in English and Hindi) of the Thirteenth Report of the Committee on Empowerment of Women  (2006-2007)  on Insurance Schemes of LIC for Women.

(Ends)

 

 

 

(MR. DEPUTY CHAIRMAN in the Chair)

ALLOCATION OF TIME FOR DISPOSAL OF GOVERNMENT AND OTHER BUSINESS

 

MR. DEPUTY CHAIRMAN: I have to inform House that the

Business Advisory Committee in its meeting held on Monday, the 13th

August, 2007, has allotted time for the Government Legislative and other

business as follows:-

BUSINESS TIME ALLOTED

 

1. Consideration and passing of the following Bills:--

 

(a) The Constitution (Scheduled Castes) Order Bill, 2007, (Amendment) as passed by Lok Sabha. 3 Hours

 

(b) The Inland Vessels (Amendment) Bill, 2005. 2 Hours

 

(c) The Warehousing (Development and Regulation) 2 Hours
Bill, 2005, as passed by Lok Sabha.

(d) The Merchant Shipping (Amendment) Bill,

2004, after it has been passed by Lok Sabha 2 Hours

 

2. Discussion on the Statutory Resolution seeking 2 Hours
disapproval of the State Bank of India (Amendment)
Ordinance, 2007 (No.5 of 2007), promulgated by the
President on the 21st June, 2007 and consideration
and passing of the State Bank of India (Amendment)
Bill, 2007, after it has been passed by Lok Sabha.

 

3. Discussion on the Statutory Resolution seeking 2 Hours
disapproval of the National Capital Territory of
Delhi Laws (Special Provisions) Ordinance, 2007
(No.6 of 2007), promulgated by the President on the
29th January, 2007 and consideration and passing of
the National Capital Territory of Delhi Laws
(Special Provisions) Bill, 2007, after it has been
passed by Lok Sabha.

4. Consideration and return of the Appropriation Bill 2 Hours
relating to Supplementary Demands for Grants
(General) for 2007-08. (Ends)

׿֤ : ָ, ׯ׾ֻ ֮ ?

MR. DEPUTY CHAIRMAN: Just wait. It is under consideration. We will let you know. It is under the consideration of the hon. Chairman.

I would like to remind the hon. Members that during zero hour, under the rules, each Member is given three minutes. I request the hon. Members to confine to the time limit. No other Member, except the Member who has given notice, will be allowed to speak. Shrimati Viplove Thakur. (Followed by RG/1O)

RG/KLG/12.05/1O

MATTERS RAISED WITH PERMISSION OF CHAIR

RE. COLLAPSE OF CHAKKI BRIDGE ON HIGHWAY NO.20

SHRIMATI VIPLOVE THAKUR (HIMACHAL PRADESH): Mr. Deputy Chairman, Sir, I would like bring to the notice of the House regarding collapse of the Chakki Bridge on the Highway No.20. The Inter-State Chakki bridge on Punjab-Himachal Pradesh border, known as the lifeline of the Kangra Valley, was washed away in the wee hours of Thursday, that is, just five days before. The swirling water of the river washed away the pillars along with slabs thus snapping the inter-State link between Haryal village in Punjab and Kandwal in Himachal Pradesh. The bridge on the Pathankot-Mandi Highway, besides being significant for tourism, is of vital importance for the movement of security forces to the Yol Cantonment in Kangra district. The bridge also provides an alternative approach to the Kargil sector through the Leh-Manali route. The foundation stone for a new bridge was laid by the Union Minister of Road Transport and Highways, Shri T.R. Baalu, on February 7, but nothing has been done so far. Inquiries reveal that the Himachal Pradesh Government, which has been entrusted with the task of executing the construction of the inter-State bridge, has submitted tender formalities to the Union Ministry of Road Transport and Highways. However, these were turned down due to some technical reasons. Sir, I want the Minister to take special interest on this because this bridge is the lifeline of Punjab and Himachal Pradesh, and a lot of things happen through this bridge. ָ ӡ ֻ ֻ ָև , ָ ײΕ ֮, ֻ֓ Ϥ , ֮ օ ߸ ־ָ ִ֬ ֤ ֮ ֮ ߤ ־֮Դ ֮֮ߵ ӡ ״Ù ֻ ָ ֮ ֻ ֻ ֮־֋ ֮־֤ (ִ֯)

SHRI RAASHID ALVI (ANDHRA PRADESH): Sir, I had given a notice...(Interruptions) Let me know the fact...

MR. DEPUTY CHAIRMAN: It will be made known to you. Now, Shri Prasanta Chatterjee...(Interruptions) It is under consideration...(Interruptions) It is under the consideration of the hon. Chairman...(Interruptions) Please sit down...(Interruptions) I said, "Your Privilege Notice is under the consideration of the hon. Chairman." Now please sit down...(Interruptions) It will be taken up...(Interruptions) Mr. Reddy, why are you getting up? Alviji, it will be taken up. You had given a notice, and it is under consideration...(Interruptions) Mr. Reddy, you do not know what notice he has given...(Interruptions) I myself do not know what it is about. Why are you getting up?(Interruptions) Please sit down...(Interruptions) The notice is under consideration...(Interruptions) Shri Prasanta Chatterjee...(Interruptions) I will discuss with the Chairman...(Interruptions) The matter will be discussed...(Interruptions) Mr. Hanumantha Rao, please sit down...(Interruptions) Nothing will go on record...(Interruptions) You had given a notice, and it is under consideration. You cannot say that it should be taken up when you want it. It is under consideration. Now, please sit down...(Interruptions) Nothing will go on record...(Interruptions)

(Continued by 1P)

Aka-ks/1p/12:10

ֳ֯ן : ӟָ־ , ֯ ך ..(־֮֬).. ֯ ך ..(־֮֬).. ֯ ך, ߕ̅ ..(־֮֬)..

GRANT OF PENSION TO KERALA'S FREEDOM FIGHTERS OF

1946 NAVAL MUTINY

SHRI PRASANTA CHATTERJEE (WEST BENGAL): Sir, my submission is that on the eve of celebration of 60 years of our Independence, I wish to draw the attention of the nation to a report which states inter alia that nearly 75 octogenarians in the State of Kerala have been waiting for an order of the Ministry of Home Affairs which would make them eligible for freedom fighters' pension for having fought in the Naval Mutiny in 1946. It is a matter of shame for the nation as a whole that these freedom fighters had to approach the Kerala High Court; the hon. Court had given its verdict in their favour in 2006. But no action has yet been taken by the Union Government to grant pension to them.

In the last Session, attention of the Government had been drawn through a Question to the inordinate delay in the grant of pension to Telengana freedom fighters. At that time, awarding of, at least, Tamra Patras was also demanded. Our comrade, Shri Sitaram Yechury had mentioned about that.

I would request that the Union Government take an immediate positive action in this regard. (Ends)

SHRI PENUMALLI MADHU (ANDHRA PRADESH): Sir, I associate myself with what the hon. Member has said.

SHRIMATI BRINDA KARAT (WEST BENGAL): Sir, I also associate myself with what the hon. Member has mentioned.

SHRI TARINI KANTA ROY (WEST BENGAL): Sir, I also associate myself with what the hon. Member has said.

SOME HON. MEMBERS: Sir, we associate ourselves with what the hon. Member has said. (Interruptions) Sir, the whole House associates with what he has said. (Interruptions)

SHRI DINESH TRIVEDI (WEST BENGAL): Sir, I associate myself with what the hon. Member has mentioned. Sir, I also want to say...

MR. DEPUTY CHAIRMAN: Only associate, please. (Interruptions)

SHRI DINESH TRIVEDI: Sir, he had said that promises had been made but nothing was done. This is a very serious matter.

MR. DEPUTY CHAIRMAN: It is all right. Shri Ravula Chandra Sekar Reddy. (Interruptions) Please sit down. This is also an important matter. (Interruptions) Yes, Mr. Reddy.

DEMAND FOR CONSTRUCTION OF MEMORIALS

IN MEMORY OF THE DESIGNER OF NATIONAL FLAG

 

SHRI RAVULA CHANDRA SEKAR REDDY (ANDHRA PRADESH): Sir, we are celebrating 60 years of our Independence. We should also remember the freedom fighters and honour them. But, Sir, the Government of India has not given due recognition to the role played by stalwarts and heroes from southern India. We are proud of our National Flag. But, unfortunately, we have neither created any memorial nor given the recognition due to its designer, Shri Pingali Venkaiah. Shri Pingali Venkaiah was born in Krishna District in the erstwhile Diviseema Taluqa in 1876. I demand that a memorial be built in his memory in the National Capital as well as at his birthplace. It is high time we did it, especially when we are celebrating 60 years of our Independence and the 150th year of our Freedom struggle. Both the State Government and the Central Government have forgotten the designer of our National Flag. Sir, we are proud of our National Flag. I demand that the Government of India should immediately initiate steps in the matter and construct a memorial in his memory in the National Capital, as also in the Krishna District of Andhra Pradesh. While creating the memorial, views of family members and views of the trust created in the name of late Shri Pingali Venkaiah should be taken into account. Sir, the hon. Minister is present in the House. I would request him to respond to my request. (Interruptions)

00 ׻ֵ : ֳ֯ן , ֮ ֌־ ֣ Ӳ֨

SOME HON. MEMBERS: Sir, we all associate with what the hon. Member has mentioned. (Interruptions) Sir, the whole House, in fact, associates itself with this mention. (Interruptions)

MR. DEPUTY CHAIRMAN: Yes. The whole House associates.

SHRI RAVULA CHANDRA SEKAR REDDY: Sir, I would request the hon. Minister to respond to my request.

֤ߵ ֵ ӡֵֻ ֕ ӡ ( ֓) : ֮֮ߵ ֳ֯ן , ֮֮ߵ ֤õ ־֮֋ ӲӬ ֌ , ™֟ ֟ ֤ ִֻ ֟ ϟߟ , ™֟ ֟ , ӲӬ ִד֟ ֵ , ׻֋ ָָ ֟ օ (ִ֯)

('1q/nb' ָ )

-AKA-NB/TDB/1Q/12.15

RE. MERCILESS BEATING OF WOMEN IN JAMMU

ߴ֟ ִ þָ֕ (֬ Ϥ) : ֳ֯ן , ӟ׸ ֣ ֣ ֮ ׾ֵ ֤ ִ֮ ֕ ߮ פ 10 ָ .. ָ , ֲ ִ ־֕ ֮ ֻ ֆ ׻ ׯ֙և ߅

ֳ֯ן , ־֟ ׸֣ - "ָ " ߙ ֋ ׾ãׯ֟ ׸ָ , ֮ ֤֟ ָ ָ٣ֵ ߾֮ ߮ ָ ֲ֕ פ ֋ ֕, , ִ֯ 2,000 ׾ãׯ֟ ׸ָ , ִֵ ׸ ֻ־֛ Ӿ , 2,000 ׸ָ 11,000 ֮֟ , ׾ãׯ֟ ׿ և և ָ ߴ ֕ ֵ֙֙ , ד֋ ß ָ ߴ ֻ פ ָָ ֤ פ ׿ ә , ֕ ׿ ә ߴ ָ ֻ 31 և, 2006 ֵօ ֤ ֲ ִ-߸ ׾֮֬ ֳ ֻ , ֻ ִ֮ ֮ ֓ ϤԮ և , ß ֻ , ׻և-֜և ϲӬ , ϲӬ , և ϲӬ פ ִ-߸ ׾֮֬ ֳ ֵԾ ָ ߅ 31 և, 2007 ׮Ե , ׮Ե פ ֓ ֋ ׻֋ פ ֓ ׻֋ 2,000 ִ ׮ פ ֤ ׻ֵ ֵ 6 פ ֻ כ ֵօ ֤ ִ-߸ և - ִֻ׸, ֙ ָ֮ - ߟ ָ֡ - .. ӕ, ״ֻ֮ ׻֋ כ ֻ ֋ ֯ ָ ֮ , ֯ և, 10 ָ ֻ֮ , ֮ ׯ֙և և, ׯ֙և և ׻ֵ ֻ ָָ ֮ ... (־֮֬)

ֳ֯ן , ֲ֮ , ׻֋ ׾ֵ , ֕ ָָ ֮ , ָָ ӡֵֻ ֟ : ָָ ӡֵֻ ׿ , , ӡֵֻ ãև ״ן ֟ ֟ ֮֟ ֤ߵ ֵ ӡ , ֮ ֮ ׸ ߮ ָ ֻ י ӡֵֻ , ָָ ә ײ֮ ָ ߮ ָ ָ י և ָ ֮ ׻ֵ ֟ -״ן ך migrants ֮ ׻֋ ׾ֵ ׻֋ ֤ߵ ֵ ӡ, ֟ ӡ ֋Ӆ ӛ ӓ ׻ ׬׸ כ ִ ָ, ֮ ׿ ֙ , ׿ ־י ֮ ׸ ֤֟ ָ ָ֣ ֋ ֲ ֮֟ ִ ׮ָ ׻֋ ֯ ִן ׾ֵ ֤ ߤ ִ ֤ ֣ օ (ִ֯)

.. ׻ֵ (ָӛ) : ָ, ֲ ֮ ֣ associate

ߴ֟ ֵ (֬ Ϥ) : ֮ ׾ֵ ֣ ִ֨ (ִ֯)

SHRIMATI BRINDA KARAT: Sir, we all associate ourselves with the issue raised by the hon. Member. ...(Interruptions)...

SHRI N. JOTHI: Sir, ...(Interruptions)...

MR. DEPUTY CHAIRMAN: Mr. Jothi, no, no. I have not allowed any other Member to speak on the earlier Zero Hour Mentions. I have already said this. ...(Interruptions)...

SHRIMATI BRINDA KARAT: Sir, ...(Interruptions)...

MR. DEPUTY CHAIRMAN: No, no; I will not allow. ...(Interruptions)... I will not allow. ...(Interruptions)... Nothing will go on record. ...(Interruptions)...

SHRI N. JOTHI: *

ߴ֟ Ӥ ָ : ָ, ־ֻ ֮ ... (־֮֬) ָ, ֆ ־ֻ ..... (־֮֬)

-------------------------------------------------------------------------

* Not recorded.

ֳ֯ן : ֯ associate ו֋ ... (־֮֬)

ߴ֟ Ӥ ָ : ָ, ִ ׻ٴֵ ֱֻ prima facie evidence , ָ action ׻ֵ ֋ .... (־֮֬)

MR. DEPUTY CHAIRMAN: Mr. Jothi, please cooperate. ..(Interruptions)... Please cooperate. ...(Interruptions)... Now, Shri Praveen Rashtrapal.

֮ ֻ ӛ (ײָ) : ֳ֯ן , ִ þָ֕ ׾ֵ ֵ, ӳ߸ ֮ ֯ ִ֨ (ִ֯)

1R/KGG-MP ָ

kgg-mp/12.20/1r

MR. DEPUTY CHAIRMAN: Mr. Rashtrapal, now. No person's name should be taken who cannot defend himself. Finish within three minutes, please.

DEMAND FOR ACTION AGAINST CHIEF MINISTER AND DEPUTY HOME MINISTER OF GUJARAT

 

SHRI PRAVEEN RASHTRAPAL (GUJARAT): Sir, I will not name anybody.

Thank you very much, Mr. Deputy Chairman, Sir. I am raising a very serious matter concerning my State. The Deputy Home Minister of Gujarat State, during 2002 riots, in his interview before the NDTV news channel, has admitted that the killing of thousands of Muslims in Gujarat was carried out under the instructions of the then Gujarat Chief Minister. (Interruptions)

ֵָ : .... (־֮֬)...

ֳ֯ן : ֯ ך ֋, admit ... ֯ ך ߅ Please learn to listen also.

SHRI PRAVEEN RASHTRAPAL: The Deputy Home Minister of Gujarat State has further admitted that according to the ideology of the BJP and the RSS, they had to carry out orders of the leader. When the State's Deputy Home Minister has admitted that the killing was carried out under the instructions of the Chief Minister of the State, I request the Union Home Minister to take immediate action against the Chief Minister of Gujarat and the Deputy Home Minister of the Gujarat State. (Interruptions)

MR. DEPUTY CHAIRMAN: Zero Hour is over.

(Ends)

DADASAHEB PHALKE AWARD TO SHRI SHYAM BENEGAL

MR. DEPUTY CHAIRMAN: Hon. Members, it is a matter of great pride to mention that our hon. Member, Shri Shyam Benegal has been awarded the Dadasaheb Phalke Award and we all congratulate him.

(Ends)

֮ ֻ ӛ : , 段ֻ ִ֯ ֵ, ߕ ֯ ֮ ֮ , ֯ ֮ ֮ ײָ ֜ ׾ֳ ....

ֳ֯ן : ֕ כ

֮ ֻ ӛ : ׾ֳ , ӛ , ִ ָ ! ָ ֋ ....(־֮֬)....

ֳ֯ן : ӛ , ֕ ׾ֵ , ֯ ֲ ֟ ו֋օ ....(־֮֬)....

֮ ֻ ӛ : , 段ֻ ֮ ߅

ֳ֯ן : ֯ י , please. Now, the Legislative Business. Bill to be withdrawn, Smt. Purandeswari.

BILL WITHDRAWN

THE PRIVATE UNIVERSITIES (ESTABLISHMENT AND REGULATION) BILL, 1995

 

THE MINISTER OF STATE IN THE MINISTRY OF HUMAN RESOURCE DEVELOPMENT (SMT. D. PURANDESWARI): Sir, I move for leave to withdraw the Private Universities (Establishment and Regulation) Bill, 1995.

The question was put and the motion was adopted.

SMT. D. PURANDESWARI: I withdraw the Bill.

(Ends)

THE CONSTITUTION (SCHEDULED CASTES) ORDER (AMENDMENT) BILL, 2007

 

THE MINISTER OF SOCIAL JUSTICE AND EMPOWERMENT (SHRIMATI MEIRA KUMAR): Sir, I move:

That the Bill further to amend the Constitution (Scheduled Castes)

Order, 1950, as passed by Lok Sabha, be taken into

consideration.

 

Sir, as per the provisions of article 341 of the Constitution of India, the list of Scheduled Castes was first notified in 1950, which has been modified from time to time. A number of requests were received from the State Governments for modification in the list, involving inclusion of new communities, inclusion of synonymous communities, imposition of area restriction as also modifications in the existing entries. The requests were processed in accordance with the modalities approved by the Government on 15th June, 1999, as modified on 25th June, 2002, after consultation with the concerned State Governments, the Registrar General of India and the National Commission for Scheduled Castes. The listS of Scheduled Castes in the respective 17 communities for the States of Haryana, Kerala, Madhya Pradesh, Maharashtra, Orissa, Punjab and Chhattisgarh are proposed to be amended.

Accordingly, the Constitution (Scheduled Castes) Order (Amendment) Bill, 2006, for the amendments to the Constitution (Scheduled Castes) Order, 1950 was introduced in the Lok Sabha on 31st July, 2006. The proposed amendments in the said Bill broadly fall under the following categories: inclusion of new castes based on social, educational and economic backwardness; inclusion of synonymous communities in respect of a caste in the existing list, and modifications or imposition of area restriction in the existing entries. (Contd. by kls/1s)

SC/KLS/1S-12.25

SHRIMATI MEIRA KUMAR (CONTD): The Bill seeks to achieve the above objectives. The Bill was referred to the Parliamentary Standing Committee on Social Justice and Empowerment for examination and report. The Committee examined the Constitution Amendment Bill, presented the 20th Report to Lok Sabha on 18.12.2006, and laid in Rajya Sabha on the same day. The Committee agreed with the Bill in its entirety. The Bill has been passed by Lok Sabha on 14th May, 2007. In view of these facts the Bill may be considered and passed by Rajya Sabha.

The question was proposed.

ֻ ֻ (֕ã֮) : ֮־֤ ֳ֯ן , ׾֮֬ (ד֟ ן) ֤, 1950 ӿ֮ ֻ ׾֬ ִ֣Ԯ ׾׳֮ Ϥ ד֟ ן , ִ֣Ԯ ֛ ֣ ֛ ֤֕ 60 ֋ ֮ 1950 ו֮֟ ןֵ ד֟ ן , ֣ ֵ ײֻ ןִ ׌ ד֟ ן ֻ ֮֕ן, ִו, Ͽ׮ ٣ ™ ײֻ ׯ֔ Ӿ ד֟ ןֵ ֻ֟ ןֵ ֣ ֔ ™ ֟ ֕ Ӿ ãן ד֟ ן ֤- ָ ָ ׻ Ӹ ֟ ֤ ֤ ϟכ ֟ ֤ ָ ׻ Ӹ ׻֋ ֟ ֲ ֵ ״ֻ ֟ - ֟ ױ ֵֵֻ ֱ ֌ ֟ , ֵ ״ֻ֟ - ֵ ״ֻ֮ ׾ִֻ ָ ־ ־ ׸ ֟ ־֮֬ ־ ן ־ , ־ ן׸ ׿ ßָ ֱ ָ ד֟ ן ֡־ ֻ ׾֪٣ֵ ד֟ ׾֬֋ ֲֻ ֵ ֟ ִֵ ָ ֡־ע ֲֻ ֟ ֕ã֮ ֡ ִֵ ָ ֡־ע ״ֻ߅ ָ ֮ ֟ ָ ָ ׾֬ֆ ֮ ֟օ ָ ָָ ׸ ֣ ־ ָ ָָ ֻ ֮ פ ָ ֓֯ ֟ ָ ןֵ ֣ ־ ׿ ׻֋ ד֟ ן ׾֪٣ֵ ׻ֵ օ ֕ã֮ ד֟ ן ׾֪֣ ևԆևԙ ß֮ 26 ָ ֵ ևԆևԙ ״ֿ֮ ׯ֮֙ ֟ ו ִ֣ ׾֪֣ ֵ֟ ׯ֔ ד֟ ן ָָ ִו ֵ ӡ ׮־ ד֟ ן ֳ ֲָָ ֮֕ן, ִו, Ͽ׮ ٣ ֳ ״ֻ ָ ־ã ו ־ ׾ ֣ ׾֬ ִ֣Ԯ ֮־֤ (ִ֯)

DR. RADHAKANT NAYAK (ORISSA): Mr. Deputy Chairman, Sir, I thank you for giving me this opportunity to speak on this Bill. First of all, I congratulate the hon. Minister for Social Justice and Empowerment who has brought this amendment. It is a long awaited amendment in certain cases, and in various other cases it was also unnecessarily delayed. Nevertheless the strong and effective steps taken by the hon. Minister indicate that the Government is very serious about the welfare and development of the Scheduled Castes in this country. (Contd by 1T/SSS)

SSS/1T/12.30

DR. RADHAKANT NAYAK (CONTD.): Mr. Deputy Chairman, Sir, I therefore, wholeheartedly support these amendments. The amendments indicate that there are only a few, maybe expansions or substitutions, some of them are only corrections and some of them are removal of anomalies. One or two additions are there. They involve seven States and in Orissa specifically, they are long awaited amendments that have been made. The State of Orissa and the people of the Scheduled Castes of Orissa as well of this country will be extremely grateful to the hon. Minister. While wholeheartedly supporting this amendment, I propose to make one or two few observations. Sir, you are aware that there is a lot of historical injustice, which has been perpetrated on the Scheduled Castes of this country and the deprivation, the extermination and even violence of genocidal proportions have been carried out historically and some evidences also are even now visible. Therefore, it is not only the reservations that will be the panacea for all evils but also there are a large number of issues that need to be tackled in order to bring these communities on par with the rest of the country's population. The basic issues in my view are more or less these: the fundamental issue is of discrimination and this discrimination is eating into the vitals of the political, economic and even psychoanalytic situation of population. The discrimination covers a plethora of fields where they are being carried out. They are religious, linguistic, cultural, demographic, even special and covered and supported by the ideological discriminatory philosophies and most of these philosophies are nothing but mere sophistry. Sir, now most of these discriminatory attitudes are also based on certain driving forces. Caste is one of the basic driving forces for this discrimination which actually prohibits these people in terms of sharing resources, sharing the power and participating in the administrating processes of this country. Therefore, it is time that casteism is abolished as racism was abolished under the United Nations system. So in this country, there should be a law prohibiting casteistic practices in terms of casteism and casteistic parameters. Therefore, some of these driving forces like caste, religion, power, class and race should be attended to forthwith. Without handling these driving forces, most of these changes that we bring about to ameliorate the conditions of the people are merely superficial. They are all cosmetic approaches and it is because of this, I would urge upon the Government to delve deeper into the various issues, which are gripping these communities. Now, what are the natures of the discriminatory attitudes or practices that are being perpetrated on these people? One is prohibition. For example, there are mobility aspects, which are being prohibited, you are aware Sir, in cases of tribes. We are afraid that that may also be spread into the Dalits and the Scheduled Castes. In certain States, tribes are being considered as tribes but they are not tribes in other States. (Contd. by NBR/1U)

-SSS/NBR-GS/1U/12.25.

DR. RADHAKANT NAYAK (CONTD.): But, they are not tribes in other States. This affects the basic fundamental freedom of movement in this country which is enshrined in the Constitution of India. Similarly, there are so many other situations where these people are being prohibited. They are prohibited from entering into temples and some of the so-called holy places. This prohibitary attitude needs to be curbed quickly. Sir, you are aware that most of the discriminatary behaviour and attitudes, which has the sanction of social and religious sections, are also being perpetrated. And most of them are also systematised in a very peculiar way. Physical extermination is very, very easy. Today, violence perpetrated against these communities in terms of untouchability and segregation is unimaginable. There were statistics brought out by the National Commission for Scheduled Castes itself. They show how every hour a dalit's house is burnt or raised to the ground, how a dalit woman is raped everyday in this country and there are so many other kinds of violence that are being perpetrated. I don't need to dwell into these statistics which are all published in the Reports brought out by the National Commission for Scheduled Castes. It is not only for the Government to take steps to make reservation for them in employment, but also reservation in various other areas, including in private and other sectors where these people are being prohibited and discriminated. And, Sir, institutionalisation of discrimination is also being systematically carried out. The economic discrimination is very, very apparent and is very clear. If you take the issue of per capita income, payment of wages to these people, legal aspects, etc., there is so much of injustice is being done to these people. It is unimaginable. So, the time has come that the Government should come out with a specific legislation to cover all these aspects of discrimination and help them to develop. The previous speaker from the Opposition side said that vacancies meant for dalits are not being filled up. There are innumerable backlog vacancies which are not being filled up. This is one of the signs of discrimination done by employment authorities under the nose of the State and the Central Governments.

We also have a large number of other issues, for example, women. Sir, dalit women are doubly discriminated. First, they are discriminated as women and secondly as dalit women, as if they are shuttles of any person of authority representing the elitist structure. They work as bonded labourers. They serve as Devadasis in temples. They work as industrial workers. So, in every walk of life this discrimination has been institutionalised knowing full well that it is prohibited under the law. They are breaking the law. At the same time, they escape with impunity. In such a context, I would urge the Government that certain positive actions need to be taken. First of all, employment, which is very important, has to be provided. Then, the occupation should not be discriminatory like safai karmacharis which has become hereditary. Sir, even the National Commission on Safai Karmachari is unable to carryout any kind of reforms for these people. There is no proper appreciation of dignity of labour among the entire social structure. So, it is societal violence. It is not necessarily legal or social violence. The entire society accuses these people with discrimination and injustice. You will find this kind of a situation cannot be changed just by providing employment to these people. It is the time that we should think deeper, we should debate in a more consistent and logical way in a cool and calculated manner and on research and fact-based. (CONTD. BY USY "1W")

NBR-USY/1w/12.40

DR. RADHAKANT NAYAK (CONTD.): Then only, it will be possible to uplift this community in the society and bring it on par with the rest of the society. Here, we even lack, what is called, the jurisprudence. You go to the United States of America. They have developed 'black jurisprudence'. The law we administer, the law we promulgate is not in accordance with the traditions and customs on which these dalits have survived for centuries. Therefore, a new kind of jurisprudence is also necessary in order to ameliorate the conditions of these people and to bring them at par.

Sir, you are aware that the Preamble to the Constitution speaks about equality. But where is this equality, when the society itself treats these people unequally, when the Government is also a party to it in many respects? Therefore, some kind of radical and catalytic changes have to be brought about in our mindset, in our legal system, in our socio-political structure, in our social conduct, in our day-to-day behaviour patterns, then only it will be possible to bring these people on par with the rest of the community. Then only, they will really be participant in the development processes of this country.

I am grateful that the hon. Minister has taken this step in order to expand the base of.... In some way, it is not only approving whatever has happened wrong, which is an anomaly and which is, now, being rectified, but, at the same time, there are other serious anomalies, for which the Government should reflect and bring out a national policy for dalit development; only then, it will be possible for us to debate holistically on the changes that have to be brought about. Social change, social reconstructions cannot be done in a day, but, nevertheless, there are certain other issues, like, even merit, for example. Sir, you are aware how Dr. Amartya Sen had said that reservation was not anti-meritarian. He has brought about in his several articles that reservation is not anti-meritarian in the sense that 'merit' has to be redefined. Merit not in classroom performance, but merit as to the indigenous systems of philosophies, ideologies, indigenous knowledge systems, indigenous medicine systems. All these are being, more or less, thrown to the wind. And, we have brought in a new kind of superficial, new kind of artificial fixation in the society, in the knowledge system, in the merit systems of this country. Therefore, I would like to urge that even these fundamental issues need to be tackled in order to bring these people on par with the rest of the community.

Sir, my colleague serves me a small note how the dalits are being discriminated. They migrate from one State to another. For example, in the State of Orissa, they are the Scheduled Castes, but in Assam they are Backward Classes; in Orissa, there are Scheduled Tribes, who in Andhra Pradesh are upper castes. Therefore, there are so many anomalies, so many aberrations, and so many distortions in the entire listing system, which is found in the constitutional order and in many other orders also. They have to be rectified and brought to the notice of the people, and, then, the injustice being perpetuated against these people has to be removed. (Ends)

SHRI TARINI KANTA ROY (WEST BENGAL): Sir, first of all, I rise to support the Bill because this is a very important Bill. This Bill had been passed by Lok Sabha. It is very unfortunate that it was passed there without any discussion. (Contd. by 1x -- VP)

-USY/VP/LT/12.45/1X

SHRI TARINI KANTA ROY (CONTD.): Sir, in my view, some inclusion from some States is very important. I would like to raise some points here. Earlier, during my first speech in this House, I raised some questions on this subject. I demanded on that day that we should have a comprehensive Bill on this issue of the Scheduled Castes, the Scheduled Tribes and Other Backward communities. Sometimes, we include them, but, if there is a comprehensive Bill, then, we can do it easily. So, sometimes, we discuss and pass it here; that will not be necessary.

Sir, at that time, I mentioned about some anomalies, which have already been raised here. In our State, West Bengal, the Rajbansi is considered a Scheduled Caste community. In Meghalaya, the Rajbansi community is a Scheduled Tribe community. In Assam, Rajbansi community is treated neither as a Scheduled Caste community nor as a Scheduled Tribe Community. It is treated as OBC. Such anomalies are there. I demanded, at that time also, to rectify all these anomalies and to bring a comprehensive Bill before this House.

In my earlier discussion also, I raised a point that special facilities should be provided for the Scheduled Castes, the Scheduled Tribes and the OBCs. It is very unlikely, but, it should be done because they are still backward. They should be taken forward. Now, it is the 60th year of Independence; we are passing through the 60th year of Independence, but, some communities like the Scheduled Castes, the Scheduled Tribes and the OBCs are still backward. So, we are trying to take them forward and bring them at par with other classes. We could not do it because of the failure of the policy of the Government. It should be rectified.

And, I mentioned at that time also, and it is a reality now also, that there are vacancies. There is a backlog of vacancies for the Scheduled Castes and the Scheduled Tribes. We could not fill them up because we have not been able to take them forward or upgrade them. We have not been able to upgrade them, and, that is why, they are still backward. And, they are not properly educated. They are not up to the mark. So, while considering all these Bills, like this, we should consider not only for inclusion, but we should also consider how we can develop this backward section. We should consider all these issues. I do not want to go into details. This is a very important Bill and we support this Bill. At the same time, again, I demand that a comprehensive Bill should be brought forward to upgrade these backward people. Throughout the nation, the same technique should be adopted for this task; how to include them and how to upgrade them. Thank you, Sir. (Ends)

. ִ ӛָ (ײָ) : ֳ֯ן , ײֻ ִ֣Ԯ ײֻ ֟ ֕ ׸, , ֬ Ϥ, ָ™, , ӕֲ ֜ ֡ ִֵ ד֟ ן ״ֻ ӲӬ , Ùߙ֮ ִו, , ٣ ׯ֮֔ ָ֬ ָ ִ֕ ֵ ָ֬ ָ 滛 Ù, 滛 և, ׯ֔ ִֵ ә ֵօ (Continued by AKG/PK 1Y)

AKG-PK/1Y/12.50

. ִ ӛָ (֟) : ןֵ , ו֮ ִו, ٣ ãן ד֟ ן ֲָָ ֕ , ָ ׯ֔ ן , ֮ ׯ֔ ן ֕ ָָ ־ ֵ, ֕ ָָ ֵ ֮ ָ֬ ָ ןֵ ד֟ ן ״ֻ ߅ , ײָ ֲ ™ߵ ֮֟ ָָ , ִֵ ײָ ׾֮֬ ֳ ײָ ׾֮֬ ׸֤, ß־ ߲֮ 11 ֮ ׯ֔ ןֵ ד֟ ן ״ֻ ׻֋ ָָ ß־ ֵօ ֱ ִֵ ֵ, ױ ִֵ ײָ ™ߵ ֮֟ ָָ ߅ ָ-ָ ײָ ִֵ ֟ , ׸ׯϕ ֟ ָ ָָ ָ ָև , ֮֮ߵ ӡ ֮֮ ײָ ׾֮֬ ֳ ײָ ׾֮֬ ׸֤ ָָ ֯ , ãן ?

, ָ ״֡ ֤֕ 60 њ ֮֮ , ׻֟ ãן ֛ ׸֟Ԯ ״ֻ և , ִו ãן ָ և , ٣ ãן ָ և , ָ ד֟ ן ׬ӿ , ãן ׸֟Ԯ ֣ ִ֮ ֟ - פ ֲָ ֜ ״֛- ߻ ߴ - Ù ִ - ׻֟ ֮ ֮֮ ִ פ ֵ օ ֛ , ןֵ , ֮ פ ָ ֮ ֵ֮ ֋, ֓ ֋ ãן ! ׻֟ ãן , ãן ֆ ֣ ׯ֔ ֻ ־ֻ ֵ ֵָ ײָ ָ ֙֋ ָ ָ ־ֻ ָ֟ ֟ ãן , ִו, ٣ ãן ׾ֿ ָ ױ ִֵ ״ֻ ֤ ָָ ׾֬֋ ֟ , ׾֬ֆ ֳ ״ֻ֟ ה ֳ ״ֻ֟ 17 ִֵ ד֟ ן ״ֻ ׻֋ ײֻ ־֮֬ ֵ , : ֮ ײָ ׾֮֬ ֳ ײָ ׾֮֬ ׸֤ ו֮ ןֵ ״ֻ ׻֋ ß־ ֵ , ӡ ß־ ִ֮ ֤ ײֻ ֋ ד֟ ן ״ֻ - ֮־֤ (ִ֯)

MR. DEPUTY CHAIRMAN: Brindaji, already, a Member from your Party has spoken. Since, you have made a special request, I am allowing you.

SHRIMATI BRINDA KARAT (WEST BENGAL): Sir, I just want to extend support of my Party to the Bill. I also take forward the demand made by my colleague who spoke that we do need a comprehensive Bill on this because there are very many problems relating to the identification of Scheduled Castes and Scheduled Tribes in different States. I would like to draw the attention of the House to the Supreme Court judgement of February, 2006, in which the Supreme Court clearly stated that if in a particular State a caste is declared or identified as a Scheduled Caste and that person goes to another State, the caste will not change. This is the finding of the Supreme Court. (Contd. by 1z)

PB-SCH/1Z/12.55

SHRIMATI BRINDA KARAT (CONTD.): But, unfortunately, in our country, as many of my hon. colleagues have stated, there are many such examples in different States. Even where two States are bordering States, while in one State a community is a Scheduled Caste, in the other State, they do not get the benefits.

Now, I want to very specifically raise the issue of the Namasudra community among Bengalis. These, Sir, are the most unfortunate people. They were forced to get the refugee status in India at the time of partition. Later on also, there was an influx of Hindus from East Pakistan. Most of them belong to the most depressed, oppressed Namasudra community which is considered a Scheduled Caste community. Now, in India, they were settled in different States by the Central Government, not through their own volition. Now, you see their condition, Sir, where, in West Bengal, they have got the Scheduled Castes status -- and, in fact, some of the Ministers in West Bengal belong to the Namasudra community as Scheduled Castes -- in Orissa also, they are accepted as Scheduled Castes, but in many of the areas where they were settled not through their choice but through a decision of the Central Government, they have not been given that status. Now, in Uttarakhand, Madhya Pradesh, Chhattisgrah and in some parts of Uttar Pradesh, this community is living there. In fact, when the BJP Government was there in Uttarakhand, the first Uttarakhand Assembly passed a Resolution, a unanimous Resolution, asking the Central Government to extend the Scheduled Castes status to the Namasudra community, and they have been denied it. I have met the hon. Minister on this issue; I have also spoken to the Home Minister on this issue, but, unfortunately, the Registrar General of India, having conducted a survey, has come to the conclusion that the social and economic conditions of this community in Uttarakhand or Uttar Pradesh or Madhya Pradesh or Chhattisgarh are not such as to be given the Scheduled Castes status. Now, I think, this is completely detextualising the entire status of this community. They are coming to Delhi on the 21st. They are going to hold a Convention here precisely on this issue, and I would request the hon. Minister to seriously consider the anomalies which are there.

Sir, I want to make just one more point on this, and that is that the founders of our Constitution believed that the way that India would develop, it would not require for more than 15 years a special status for the Scheduled Castes and Scheduled Tribes. I believe, ָ, ֕ ָ ֯ ָ , ָ ִ֕ ָ ֲ ֛ , ן ϣ ֲ Ӥ ן ϣ , ֯ ו֮֟ ֮ ־ ָ ףֵָ ו֮֟ ׾ñ , ß֮ ֿ׌ ֮

ָ, ֯ ֮֟ ן ϣ ָ֬ ָ ׻֟ ãן , ֵ֮ ִ ֣ ֣ ֮ ֮ Ϥ , ָ ׻֟ ׻֋, ָ߲ ׻֋, ן ̤֕ ־ ״߮ ̤֕ , ו ָ ֵ ֟ , ֟ ֟ ׸ ֵ֮ ִ ֕ ׻֟ ֮ ִָ ִ ו ָ ֟ ֛ , ֲ ֵ֮

ָ, ٻִֵ ֤ ֮ ֤֕ ֚ Ӛ ֮֮ ־ ֟ ֤֕ ֚ ֻ ֋ , ִ֟ ן֯ϣ ָ ֤֕ ָ ֻ ֵ ָ ֮ ףֵ Ӥ, ׻י Ӥ ן ϣ ׻֋ ֵ ֮ ׯ֟ ֛ ֛ ָ ֮ ָ, ֕ ß֮ ָָ ָ ӓ ֮ , ֓և ֕ ָ ׻֟ פ Ӥ Ͼ ָ ־֮ ן ϣ ִ ָ ә ?

֕ ֮ ֻ֟ ...(־֮֬) ָ, ֕ ֮ ָ ֲָָ ׬ָ , ׻֋ ײֻ ...(־֮֬) ָ, ײֻ ִ֣Ԯ ֕ ֳ ֣֯ ן ϣ ֛ (ִ֯) skc/psv/2a ָ

PREVIOUS HOUR