EWS Reservation- Supreme Court Constitution Bench Hearing DAY 2- LIVE UPDATES

Kumar: [Reads Article 23, Article 25] Who are the persons who are exploited? Are they people accomodated in EWS? Respectfully not. These are people who are classified as SCs, STs or backward classes.

Kumar: Thus, State enacted laws for SCs to access temples which were largely built by Dalits. Those laws were protected under Art 372. This is Article 17. [Refers to Articles 23,24- freedom from exploitation]

Kumar: It's a mandate which itself is a fundamental right. Commanding state to enforce laws to prohibit untouchability. [Continues reading Art 35]

Kumar: Fortunately it is not left to States because State may change it's mind. [Reads Article 35] 

Kumar: As a FR, untouchability is abolished but we still find it being practiced. [Refers to Article 35]

Kumar: This is for all villages.We never fought apartheid in India. This is nothing but Apartheid. I have had occasion to study it, it only means, 'living apart'. We have kept out all Dalits and SCs. Therefore, Article 17 states this...[Reads 17]

Kumar: Why was this included? [Reads Article 17] This was a special provision...I also have had personal experience as Chairman of Backward Classes Commission. Karnataka has many villages but not a single village has any resident from SCs. All SCs are kept out.

Kumar: [Reads Article 16(2)] In matter of public employment, there was total prohibition on denying employment in these grounds. This is the doctrine of equal opportunity.

Kumar: [Reads Article 16(1)] Having guaranteed this, it carries the discrimination prohibited under 15 further. So both advance doctrine of equal opportunity.

Kumar: [Refers to Article 16] These were the days when private enterprise weren't well known phenomenon. Thus, employment was considered empowerment. And employment under State was considered as only route or map for advancement. So it had to be specially addressed.