Lucknow: The BSP MLA arrested on charges of raping a Dalit minor has been . Questions are being now raised about the safety of the girl. The Opposition is demanding her release.

As UP Chief Minister Mayawati prepares to celebrate her birthday in a grand style yet again, the messiah of dalits is bound to be affected by the controversy surrounding Puroshottam Dwivedi. Her own MLA is now in jail for raping a minor girl belonging to the dalit community. In a curious twist, Dwivedi who was arrested on Thursday, has been sent to the same jail where the victim has been lodged since December 14.

There is only one jail in Banda district. The victim was sent to this jail for allegedly stealing Dwivedi's mobile phone.

While she has been lodged in the woman's cell of the jail complex, the influence that Purushottam Dwivedi has in the area will be a concern. After all two police officials of the jail complex remained silent from the 14th till the 24th of December, even after being told by the victim that she had been assaulted. Shahjahan Begum and Ramashankar Shukla, the two officials have now confessed to this in their statement before the CBCID.

The SC ST commission and the National Commission for Women (NCW) are now promising to take the girl's plight to court on Monday. Incidentally, her bail plea also comes up for hearing the same day. This means that she will be spending the full weekend in the same jail complex, something that's bound to add to the embarrassment for the UP CM.

Zee News

Banda rape: Maya orders victim's release

http://www.zeenews.com/news680653.html

Updated on Saturday, January 15, 2011, 12:45

Zeenews Bureau

Lucknow: Uttar Pradesh Chief Minister Mayawati finally spoke against her party MLA Purshottam Naresh on Saturday, assuring her government will constitute a fast-track court for the Banda teen rape case.

She also ordered the release of the victim, a minor Dalit girl, who is in jail for alleged theft.

Mayawati's promise came as she kicked off the grand celebrations on the occasion of her 55th birthday today. Mayawati said prima facie it appeared that the minor girl was erroneously ramed by the accused for theft in the case.

She said that the guilty in the case won't be spared, adding the CB-CID was probing the case and the government will not take the matter lightly.

The BSP MLA from Banda, Purshottam Narain Dwivedi, is accused of raping a minor Dalit girl and then implicating her in a case of theft.

He was suspended from the party and later arrested after preliminary investigations confirmed that the girl was indeed raped.

The Telegraph

Rape net after getaway

http://www.telegraphindia.com/1110114/jsp/nation/story_13438312.jsp

Lucknow, Jan. 13: A BSP legislator accused of raping a teenager gave himself up before police this afternoon but not before slipping out of Lucknow to foil Mayavati's plan to make a trophy arrest, throwing police into a tizzy and triggering a caste grumble in Uttar Pradesh.

Purushottam Naresh Dwivedi, the MLA from Banda district in Bundelkhand, walked up to Attara police station this afternoon and "submitted himself" to the law.

The police in Lucknow heaved a sigh of relief when the Brahmin MLA from Narayani constituency in Banda surrendered and was taken into custody.

Dwivedi was supposed to have been arrested in Lucknow last night with the help of an influential minister in the Mayavati cabinet. The chief minister had once summoned an MP and got him arrested to send a message on law and order, one of the planks on which she had fought the last Assembly elections.

But Dwivedi allegedly slipped out of the state capital around 7pm, telling the police that he would submit himself soon after making a call to his family.

As the police waited for him, the MLA came out of a guesthouse and got into his car that hit the Kanpur-Banda road. The police then scouted around in the city but could not find him.

The MLA, accused of raping a girl and then getting her framed in a theft case, resurfaced this afternoon in Banda, met members of his family and reached Attara police station.

Unaware of the developments, director-general of police Karamveer Singh told reporters at 4pm that some more time would be needed to arrest the MLA.

Half an hour later, Karamveer Singh confirmed the arrest and said: "We told you he would be arrested. He is in our custody now. We took a little more time than you expected."

Dwivedi's two associates, Rajendra Shukla and Surendra Neta, were arrested earlier this morning while Ravan Garg, another suspect, was held along with the minister.

Dwivedi, the BSP's lone Brahmin MLA from Banda, and the three associates are accused of gangraping the minor girl from Nishad community on the intervening night of December 11 and 12 at the legislator's home.

The MLA, in his late forties and father of two children, had earlier declared himself "impotent" to ward off the charge of rape but medical examination proved otherwise.

Called to Lucknow by the minister close to him, Dwivedi had yesterday refused to go to the chief minister's residence for fear of another "dramatic arrest" modelled on the capture of the party's former MP, Ramakant Yadav, who was arrested in June 2007.

The minister, who is also from Banda, wanted to give Dwivedi time to approach the high court to seek bail, sources said.

But leaders of the girl's Nishad community conveyed their resentment to the chief minister. They informed the government that tempers were running high in Banda as the Brahmin MLA was not arrested till noon. The community leaders met another senior minister from Banda, Nasimuddin Siddique.

Bundelkhand, which includes Banda, is said to have over 5 per cent Nishad voters who are seen as BSP supporters.

Around 2pm, Mayavati sent a stern message to the minister through Siddique. The minister was asked to persuade Dwivedi to make himself available to the police.

The gangrape has caused a whirlwind of adverse publicity for the BSP, triggering some fissures in the party's axis of Dalits, Brahmins, backward classes and extremely backward classes in Bundelkhand. The region is one of the BSP's oldest support bases in Uttar Pradesh.

If mischief-makers fish in troubled waters, Mayavati may face some resentment from the upper castes as this is the third Brahmin MLA to be arrested by her government in connection with criminal cases, two linked to rapes.

But a BSP leader said the chief minister "has taken into confidence the leaders of the Brahmin lobby before ordering arrest of the MLA".

Indian Express

98 undertrials in Mirchpur case shifted from Hisar to Tihar Jail

http://www.indianexpress.com/news/98-undertrials-in-mirchpur-case-shifted-from-hisar-to-tihar-jail/737669/

Posted: Sat Jan 15 2011, 04:13 hrs New Delhi:

A city court on Friday decided to consider afresh the charges against 97 persons, who were shifted to Tihar Jail from Hisar following the transfer of their trial in a case relating to an attack on Dalits at Mirchpur village in Haryana in April 2010.

Additional Sessions Judge Kamini Lau directed the lawyers for the accused to file their arguments so that the trial can be conducted afresh.

A total of the 98 accused in the case were shifted to Tihar from Hisar following a court order. Of the 103 accused in the case, five are juveniles, while one is out on bail. An application was also moved before the court by the accused, requesting it to reconsider its January 4 order on their shift from Haryana to Delhi. The date for hearing their application has been fixed on January 20.

Meanwhile, the court declared one of the accused juvenile and transferred him to an observation home in Hisar. The apex court had, in December, directed that the case, relating to the murders of a 70-year-old Dalit man and his physically challenged daughter by a mob of over 100 upper caste people in the village on April 21, be transferred to the special court in Delhi to ensure a free and fair trial. It had also said the Delhi court will be free to re-examine witnesses already examined by the court in Hisar.

The apex court passed the order after examining the affidavits filed by two court-appointed advocates, who had submitted that the witnesses were under constant threat due to the hostile atmosphere created by the accused.

Out Look

Court to Decide Charges Afresh in Mirchpur Case

http://news.outlookindia.com/item.aspx?708466

A Delhi court today decided to consider afresh the charges against 97 persons, who were shifted to Tihar jail from Hissar, following the transfer of their trial in a case relating to the attack on Dalits allegedly by upper caste members at Mirchpur village in Haryana in April last year.

Additional Sessions Judge Kamini Lau directed the counsel appearing for the accused to file their arguments as the directions of the Supreme Court of December nine last year clearly stated that this court would be free to conduct the trial afresh.

A total of 98 accused were shifted to Delhi's Tihar jail from Hissar following an order by the court.

Out of 103 accused, five are juveniles and one is out on bail.

An application was moved before the court on behalf of the accused requesting it to reconsider its order of January four for their shifting from Haryana to Delhi. Their application has been fixed by the court for hearing on January 20.

Meanwhile, the court declared one of the accused juvenile in view of the records showing him to be below 18 years of age on the date of incident and directed his transfer to an observation home in Hissar.

The apex court had on December nine last directed that the case relating to the killing of a 70-year-old Dalit man and his physically-challenged daughter allegedly by a mob of over 100 people be transferred to the special court here designated under the SC/ST (Prevention of Atrocities) Act, 1989, to ensure a free and fair trial.

It had also said that the special court at Rohini in Delhi will be free to re-examine witnesses already examined by the Additional Sessions Judge in Hissar.

The apex court passed the order after examining the affidavits filed by two court-appointed advocates who had submitted that the witnesses were under constant threat due to the hostile atmosphere created by the accused.

On April 21 last year, a Dalit man and his daughter were burnt alive in violence against the community allegedly by members of an upper caste, forcing about 150 families to flee Mirchpur village.

The Hindu

Of quota and exclusion in zilla panchayats

http://www.hindu.com/2011/01/15/stories/2011011563481000.htm

Rishikesh Bahadur Desai

Narrow interpretation depriving many aspirants of political space

Bidar: When the Government declares that the post of president of a zilla panchayat should go to a "General" category candidate, does it mean that members of the SC, ST, OBC communities and women cannot aspire for that post? This is the discussion in political circles now.

This very a narrow interpretation of reservation categories seems to be resulting in many sections of people being, in fact, deprived of political spaces that they are by law entitled to. In a strange reversal, reservation under one category is denying them access to all unreserved spaces.

For example, in Bidar, the post of zilla panchayat president has been categorised as "General" and that of vice-president as "Scheduled Caste." Most members seem to have understood the categories in a narrow sense and limited competition to the four BJP men who were elected from unreserved seats.

In the house of 31, there are seven SCs, five STs and three OBCs. The house has 17 women, nine of whom were elected from SC/ST/OBC seats and eight from general seats. Of the eight men who won from general seats, four are from the BJP that has a majority in the house. These are the only leaders aspiring for the post of the president now.

Similarly, women who won from SC seats are not being considered for the post of the vice-president that is reserved for SCs. "It is as if 'general' is also a category, which is a ploy by the "caste" Hindus to continue their domination," says Dalit leader Maruti Bouddhe, whose wife Kasturi Bouddhe won from a SC (woman) reserved seat.

In Gulbarga, the president's post is reserved for the BC (B) category. "It is taken to mean the claimants have to be men," says Anupama Patil, who is an aspirant. In Yadigir, the president's post is categorised as general (woman). Though there are several women from SC/ST and OBC groups in the ZP, three women from upper caste political families are the frontrunners.

In Raichur, the president's post is reserved for BC (A). Though there are three women who fall into this category, they are not competing. For the vice-president's post categorised for general (women), no SC/ST/OBC woman is being considered.

In Koppal, the president's post is marked for a ST (woman) and the vice president's post for a general woman. Though there are 14 women in the house, SC/ST and OBC women are discouraged from competing for the vice president's post as "they have already been given the president's post."

Similar trends in the manner in which reservation is being narrowly interpreted can be seen in Bagalkot, Bijapur, Dharwad, Haveri and several other places. When a category of people get reservation under one head, they are deemed as automatically being pushed out of all other categories.

The contenders to the post strongly defend this view. "It is time the reserved members make way for men elected from unreserved seats," said BJP member in Bidar Zilla Panchayat Kushal Patil Gadagi. "Does panchayat system mean only the rule of the deprived classes?" asked another member, Prabhushetty Menga.

However, there are people who strongly differ. "The term 'general' means the seat is unreserved and thrown open to competition. Anyone from the ruling party should get a chance to compete in such instances," says member Shailendra Beldale, who won from a Backward Classes (B) seat. "The general impression is that a woman can compete only when a seat is reserved for women. That is wrong," says Rekha Babu Malkapure of the Janata Dal (Secular) , who won from a ST (woman) seat.

--
.Arun Khote
On behalf of
Dalits Media Watch Team
(An initiative of "Peoples Media Advocacy & Resource Centre-PMARC")

--
Palash Biswas
Pl Read:
http://nandigramunited-banga.blogspot.com/

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Saturday, January 15, 2011

Dalits Media Watch News Updates 15.01.11

Banda Rape: BSP MLA, victim in the same jail

Banda rape: Maya orders victim's release

98 undertrials in Mirchpur case shifted from Hisar to Tihar Jail

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