Friday 10 April 2015

Reservations in India


Originally reservations of seats in educational institutions and jobs in government and public sector services,etc were only about 22%, 20% for Scheduled Castes (SCs ) and 2% for Scheduled Tribes ( STs ).
In 1989 by one stroke of the pen the then Prime Minister V.P.Singh added another 27.5 % for OBCs ( Other Backward Castes e.g. Yadavs, Kurmis,etc ), by implementing the Mandal Commission Report, making a total of 49.5%.

This was challenged before the Supreme Court, but the Court upheld the reservations for OBCs in its decision in Indira Sawhney vs. Union of India, A.I.R.1993 S.C.477.

 I met Justice B.P.Jeevan Reddy, who had delivered the majority decision in Indira Sawhney's case, at a function at the National Law School, Bangalore after he had retired, and told him that his decision was not correct. He asked me why ?

 I explained to him that in U.P. and Bihar the position before Independence in 1947 was that there was a zamindari system. The zamindars ( landlords ) were mostly upper caste Hindus or Muslims, and their tenants were Yadavs, Kurmis, etc (the present OBCs ). At that time Yadavs, Kurmis, etc were really poor and backward, and almost all illiterate. After Independence, zamindari was abolished, and the former tenants ( Yadavs, Kurmis,etc ) became bhumidhars i.e. landholders. This enabled the Yadavs, Kurmis,etc to use the income from their landholdings to educate their children, and now Yadavs, Kurmis, etc are doctors, engineers, lawyers, High Court judges, etc. In other words, they are no longer backward.

 So when the Yadavs, Kurmis,etc were really backward ( that is, uptil about Independence ) and needed reservation or some other kind of help they were denied it, but when they are no longer backward they are being given reservation. In fact this was the very reason for which the only dalit member of the Mandal Commission, L.R.Naik, refused to sign the report.

 Justice Reddy replied to me that he had to rely on the report of experts, i.e. the Mandal Commission Report. I said that I was not blaming him, but only informing him that he was not given correct information.

 I have always been a strong opponent of the caste system, and believe it is a curse on the nation, and the sooner it is destroyed the better ( see my article on the Caste System on my blog justicekatju.blogspot.in ).

However, in my opinion caste based reservations, which have benefited only a miniscule number of such castes ( and that too the richer section, which did not need any help ), has done great damage to the rest, and ensured that they remain as wretched and poor as they were before.

In my opinion financial help and facilities should be given to poor people of all castes, There are poor people in all castes, not merely among SCs and OBCs, and they should all be helped.

Caste based reservations are like permanent crutches. Unless they are removed SCs and OBCs cannot walk erect. These categories should certainly be helped by giving them all facilities, but thereafter they must work hard and make it on their own merit. It is totally unjustified that open category boys and girls who get 90% marks are denied admission or jobs, while those getting 40% get them due to reservations.This is reverse discrimination, as pointed out by the U.S.Supreme Court in Bakke vs. California,438 U.S.265 (1978).

I spoke to the Principal of a Government Medical College in U.P. He told me that if an SC boy fails in a test, oral orders come from above to pass him, otherwise the Principal will get into trouble. In this way we produce many ( though not all ) incompetent SC doctors, without thinking of the risk to patients.

No doubt reservations have helped many politicians by creating vote banks for them, but it has made casteism more deeply entrenched in our society, and has further divided our people on caste basis at a time when we must be united to solve the country's massive problems. It is time to end caste based reservations

54 comments:

  1. excellent article sir.. bang on..
    very few have guts to speak on this topic..

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  2. http://timesofindia.indiatimes.com/city/bareilly/Villagers-get-Rs-4-cr-fine-threat-for-ostracising-family/articleshow/46855168.cms

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    capt ajit vadakayil
    ..

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  3. indeed there is urgent need for abolition of castes sir...in indian constitution article 17 we find there is Abolition of Untouchability...something on the same lines i.e.,abolition of castes need to be done by inserting some new article like article 17-A...unfortunately no political party is going to talk on this issue, be it BJP be it AAP...seems again the people of india are taken for a ride while the youth being the pillion rider...JAI HIND...

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  5. Thanks for the information provided here. It is really an interesting post to read. The topic is described wonderfully.
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  6. For a historic analysis of the origin of caste system in India see this
    https://ithihas.wordpress.com/2014/03/16/caste-system-in-india-a-critical-analysis/

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  7. This is a global truth that two things are impossible in India 1. Abolition of Cast system 2. Abolition of poverty. Reason - most of us ( 99% people) don't want to do so.

    All the times, 99 % people try to figure out the cast of another person in his/ her last name, in standard of living, family background etc. They ignore the experiences and exceptions of their day to day lives. I have seen so many people (from Brahmin community) working as a cook in a economically sound Vaishya family. Those Brahmins are not entitled for the benefits being given by the government. Whereas the abovementioned Vaishya. Families are entitled for the reservation.
    Also, we ignore the tribal population who are being harrased, killed, exploited by our society and government. Sometimes the security people kill them in fake encounters by dubbing them militants and naxalites. No body is least interested in hearing their issues and problems. This is really a blot for our society and government. Who will take care of their issues? Of course, our society and goverment will skip this basic question. Isn't it?

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  10. This comment has been removed by the author.

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  11. During Mugal rule there are no records of social disparities so called lower castes. In fact the upper caste hindus like brahmans and rajpoots felt the wrath of emperors like babar and aurangzeb. The GDP of India then is also a proof. These disparities were prevalent in late 1700,s obviously after battle of Plassey after which the british permanently settled in India,1800,s and early 1900,s during Britishers (approx 150 years). First reservations were already started in 1931. From then 85 years have passed.
    Their is an larger angle to the reservations issue I feel. Reservations are ultimately compelling meritorious students to serve foreign at the same not so competent are being kept on every branch in India. With this India is being destroyed from within cause their selection criteria is not merit and it no wonders India could be reconquered by the foreigners. For example: At the time of attack there are chances that most of the reservation benefices will run away from the battle because they have been admitted not by merit of courage but to fill the mandatory posts reserved for them (now 49.5%). Ask a person who has ever been called by the Staff Selection board will tell how hard it is to get selection (by merit not on the quota basis). In my opinion reservations should be completely abolished from medical, defense and teaching services while it could be allowed for bureaucracy, agriculture and artisans sector where it could really benefit the needful.

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  12. We need to abolish the reservation system as it exists now and replace it with a system that gives sops to economically weaker sections of society in order to uplift them... but not at the cost of meritocracy.

    The time has come in order to go in for an equitable and just system.

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  13. Reservation should be based on monetary situation nothing else. However vote bank politics will never let this happen

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  14. Reservation is being provided under the provisions of constitution of our nation not by any Govt.due to the social inequality and discrimination between the upper caste and lower castes. Still so many cases appear daily of caste discrimination and operssion of the lower castes.

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  15. देखता हु की आज कल लोग रिजर्वेशन को खत्म करने के लिए जोरशोर से प्रचार कर रहे है।
    उन सभी लोगो से मै पूछना चाहता हूँ की कभी तुमने गुलामी की जिंदगी जी है???? क्या तुमने पानी पिने का हक़ हांसिल करने के लिए लाठियां खाई है? क्या तुम्हे school से तुम्हारी जाती की वजह से निकाला गया है? क्या तुम २००० सालो से पिछवाड़े पर झाड़ू बांध कर चले हो ताकि तुम्हारे पैरों के निशान मिट सकें और धरती अपवित्र न हो?? क्या कभी तुम्हारे गले में हांड़ी बंधी गयी है कहीं तुम जमीन पर न थूक दो और धरती अपवित्र हो जाये ? क्या तुमने कभी बेगारी (बिना वेतन के काम) की है ? क्या तुम्हारा कभी तुम्हारी जाति की वजह से अपमान किआ गया है ? क्या तुमने ऐसे दिन जिए है जहा आप धन इक्कठा करते हो तो आपको जान से मार दिया जायेगा ??
    हिन्दुओं (Upper Cast) ने ये सब जुल्म SC ST पर सदियों तक कियें हैं। तुम 60 सालो में ही बोखला उठे जबकि SC ST ने तो कभी आप लोगो को कोई नुक्सान नहीं पहुचाया।
    और हाँ हम इस देश के 85% के हक़दार हैं। अब आप पूछेंगे की कैसे !!???
    SC + ST + OBC = 85% Population of India
    और जिस दिन ये 85% लोग अपनी 85% की हिस्सेदारी के लिए जाग जाएंगे तो उस दिन से जो अरबो खरबो करोड़ो का खजाना मंदिरो में दबाये बैठे हो वो भी नहीं रहेगा। मंदिरो पर ब्राह्मणो का 100% रिजर्वेशन क्यों है कोई उनसे कभी क्यों नहीं पूछता ??
    इसलिए पहले जाति को खत्म करो रिजर्वेशन अपने आप खत्म हो जायेगा।

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  16. Katju Sir, Have you noticed why almost 90% business men are Baniya (A upper Cast) in India? And as per my knowledge there is 10%-12% population of Baniyas in India.
    Its because of the cast system. They are only who had right for business since 2000 years. And this was 100% reservation.
    Same thing apply on Rajputs were having 100% reservation for Land, Money, Power, Gold, and full to ayaashi ... And the biggest reservation given to Brahmin because they are top of all.
    All the upper casts are taking advantage of their past because their fathers are very rich and establish. they don't have to face cast discrimination.

    And for your kind information SC-ST reservation is not to remove poverty It is is being provided due to the social inequality and discrimination between the upper caste and lower castes.

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  17. In stead of LPG subsidy why this govt doesn't offers to give up reservations for those who have enough of it.

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  18. In stead of LPG subsidy why this govt doesn't offers to give up reservations for those who have enough of it.

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  20. If you don't like Reservations, take your CasteShareOfLand from India and go build your own nation;

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  21. Untouchable Ambedkar demanded an Independent Nation, Not Reservations in "Communal Award";
    Bania Gandhi bribed with Reservations in "Poona Pact";
    https://en.wikipedia.org/wiki/Communal_Award

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  22. Just put up an Advertisement in Newspaper/TV/Facebook/Twitter and hire an Upper caste/Brahmin/Bania/Kshatriya to clean a manhole in your street

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  23. Just put up an Advertisement in Newspaper/TV/Facebook/Twitter and hire an Upper caste/Brahmin/Bania/Kshatriya to clean drainage before your house

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  24. Just put up an Advertisement in Newspaper/TV/Facebook/Twitter and hire an Upper caste/Brahmin/Bania/Kshatriya woman to wash utensils in your house

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  25. Just put up an Advertisement in Newspaper/TV/Facebook/Twitter and hire an Upper caste/Brahmin/Bania/Kshatriya woman as maid in your house

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  26. We appeal President Obama to direct Narendra Modi regime to create an Independent Nation for 300 million Untouchable in India; goo.gl/NFK0A

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  27. If I were Ambedkar I'd have given Licensed Pistols to all Untouchable through Indian Constitution for self-defense and to resist oppression; wh.gov/iXZdb

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  28. Marks != Merit;
    Voting != Democracy;
    Economic mobility != Social mobility;

    We appeal Narendra Modi regime to create an Independent Nation for 300 million Untouchable in India;
    goo.gl/NFK0A

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  29. Most people does not know the fact that foundation of India in 1947 betrayed the Untouchable;

    British regime granted Independent Nation to Untouchable in 4th August 1932 Round Table Conference.

    But Upper caste Bania Gandhi back-stabbed Untouchable with Reservations; https://en.wikipedia.org/wiki/Communal_Award

    We appeal President Obama to direct Narendra Modi in India regime to create an Independent Nation for 300 million Untouchable;

    https://www.change.org/p/independent-nation-for-300-million-india-s-untouchables

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  30. https://www.change.org/p/independent-nation-for-300-million-india-s-untouchables will be 4th biggest nation in the world;

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  31. Reservations is NOT a solution for Untouchable in India;
    https://www.change.org/p/independent-nation-for-300-million-india-s-untouchables is for self-actualization of the Untouchable;

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  32. Patriotism is a favorite device of persons in India with something to sell; A true patriot honors all nations;
    https://www.change.org/p/independent-nation-for-300-million-india-s-untouchables

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  33. 300 million (30%) in India are Untouchable; But 30% of Supreme Court Judges in India are NOT Untouchable;
    https://www.change.org/p/independent-nation-for-300-million-india-s-untouchables

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  34. 300 million (30%) in India are Untouchable; But 30% of Narendra Modi Cabinet Ministers are NOT Untouchable;
    https://www.change.org/p/independent-nation-for-300-million-india-s-untouchables

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  35. Brahmin population is less than 3% in India;
    Check the number of Brahmin in Narendra Modi regime;

    Parrikar is Brahmin; Doval is Brahmin; Gadkari is Brahmin; Sumitra is Brahmin; Sushma is Brahmin; Jaitely is Brahmin; Smriti is Brahmin; Nirmala is Brahmin; Suresh Prabhu is Brahmin; Ravi Shankar is Brahmin; Kalraj Mishra is Brahmin;Maneka is Brahmin; Ananth Kumar is Brahmin;Anant Geete is Brahmin;Harsh Vardhan is Brahmin;Nadda is Brahmin;Jayant Sinha is Brahmin; Dharmendra Pradhan is Brahmin;Piyush Goyal is Brahmin; Mahesh Sharma is Brahmin;Manoj Sinha is Brahmin;

    We appeal President Obama to direct Narendra Modi regime to create an Independent Nation for 300 million Untouchable in India;
    https://www.change.org/p/independent-nation-for-300-million-india-s-untouchables

    ReplyDelete
  36. Are you afraid to take your merit and your CasteShareOfLand and go build your own nation?
    300 million Untouchable in India are NOT.
    https://www.change.org/p/independent-nation-for-300-million-india-s-untouchables

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  37. Indian regime owes 30% of agricultural LAND as reparations to 300 million Untouchable for 2000 years of Caste system;
    http://www.huffingtonpost.com/shashi-tharoor/caste-wont-disappear-india_b_6257354.html

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  38. Indian regime owes reparations (not Reservations) to 300 million Untouchable for 2000 years of Caste system;
    http://www.huffingtonpost.com/shashi-tharoor/caste-wont-disappear-india_b_6257354.html

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  39. You are NOT qualified to talk on Reservations unless you've married an Untouchable;
    https://www.change.org/p/independent-nation-for-300-million-india-s-untouchables

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  40. In MUMBAI Upper Caste girl gang rape case, Muslim convict photos are published in media;
    In DELHI Upper Caste girl gang rape case, Lower Caste convict photos are published in media;
    But in DABRA Lower Caste Untouchable Dalit girl gang rape case, Upper Caste convict photos are NOT published in Indian media;
    https://www.change.org/p/independent-nation-for-300-million-india-s-untouchables

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  41. When an Untouchable girl was gang-raped by 12 Upper Caste/JAT in DABRA, her father killed himself because Police refused to take his complaint;

    But when a Upper caste/Brahmin girl was gang-raped by 6 Lower caste/Yadav in DELHI, Indian Prime Minister intervened, setup an Inquiry Commission, amended the Law, setup a Special Court to prosecute/punish the culprits;

    https://www.change.org/p/independent-nation-for-300-million-india-s-untouchables

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  42. Unlike Delhi rape victim, http://india.blogs.nytimes.com/2012/10/16/as-india-responds-to-latest-rapes-the-unanswered-question-is-why/ and https://en.wikipedia.org/wiki/Suryanelli_rape_case rape victims in India are discriminated/denied justice because they're Untouchable.
    https://www.change.org/p/independent-nation-for-300-million-india-s-untouchables

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  43. "But at the same day, the news of gang-rape of a 10-year old Lower Caste Untouchable Dalit girl and who was burnt subsequently was tucked away in the inside pages devoting only five to ten lines" --Kabir, former Chief Justice of India

    http://m.timesofindia.com/india/Delhi-gang-rape-not-unique-Chief-Justice-of-India-Altamas-Kabir-says/articleshow/18882909.cms

    https://www.change.org/p/independent-nation-for-300-million-india-s-untouchables

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  44. If you support capital punishment for rapists, 90% https://en.wikipedia.org/wiki/Forward_caste men in India should be hanged because http://tehelka.com/violation-is-the-norm-here/

    https://www.change.org/p/independent-nation-for-300-million-india-s-untouchables

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  45. Caste system for the past 2000 years rolled-out sadists/savages in India.
    http://www.nytimes.com/2013/06/16/opinion/sunday/caste-is-not-past.html

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  46. Caste system is worse than racism/apartheid/terrorism.
    It's a slow poison that will irreversibly destroy the society.
    http://dsnuk.org/2013/04/25/the-uk-parliament-outlaws-caste-based-discrimination/

    https://www.change.org/p/independent-nation-for-300-million-india-s-untouchables

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  47. Upper caste have mastered the art of manipulating/using people for past 2000 years;
    https://en.wikipedia.org/wiki/Varna_in_Hinduism
    http://www.dailymail.co.uk/news/article-2325502/Map-shows-worlds-racist-countries-answers-surprise-you.html

    https://www.change.org/p/independent-nation-for-300-million-india-s-untouchables/

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  48. Caste system seeded hatred 2000 years ago and rolled-out sadists/savages in Indian society. It's only going to get worse in the future.
    http://blogs.wsj.com/indiarealtime/2013/01/16/why-honor-killings-happen/

    We appeal President Obama to direct Narendra Modi regime to create goo.gl/NFK0A wh.gov/iXZdb

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  49. What makes you think streets are safe for your future generations when you've abused/exploited for 2000 years?
    http://www.thedailybeast.com/witw/articles/2014/06/09/india-s-caste-culture-is-a-rape-culture.html

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  50. Reservations to BC/SC/ST should continue till Upper caste/Brahmin/Bania/Kshatriya cleans manhole/drainage in streets for 2000 years

    ReplyDelete
    Replies
    1. Counter hatred and reverse discrimination cannot solve problem.The upper caste people who contributed to the society and to the world have done on their own merit not by their caste or reservation.The arguments you are putting forward are not helpful to create a healthy nation.There are regional,lingual,sectarian,religious and other short of discrimination which have prevailed/are prevailing in the whole world but adding fuel to those does not make any sense.India is a country for all -for dalits,for brahmins,for muslims,for vaniyas-let us celebrate that fact instead of spitting venom against each other.India has paid dearly since her past due to internal division among it's people in spite of being the wealthiest nation.Caste conscious measure in many ways create the hindrance towards proper reconciliation.A person of this age cannot be/should not be punished for his or her forefathers' misdeed.What hon'ble Justice tried to focus on is the form of affirmative action which would give the proper resources to all the downtrodden people of all communities to compete,but not to beg or snatch seats and jobs through backdoor by mis-using the constitution.Today's story is different from yesterday's as upper caste persons do not necessarily mean rich or well to do,few among them are rich.Today one cannot buy books by using his or her caste,sponsorship of brahmins by king and landlords are the matter of history,caste cannot buy food-medicine or any other good.So donot misguide.As far as the inter caste marriage is concerned ,i have found BCs are not ready to marry a dalits.So the so called upper castes are not the only culprits.Marriages have regional/sectarian/racial/cultural dimension in all parts of the world----just like biharis are comfortable with biharis,rajasthanis prefer rajasthanis,white prefers white,muslim prefers muslims(i am personally against any kind of division in the name of caste creed,religion and i am for inter-caste marriage)--that is a very natural trend due to various socio-cultural origin/differentiation--so using that notion as an argument for reservation does not fit at all.For your information,In Tamilnadu,UP,Bihar-most of the attrocities against dalits are/were committed by so called OBCs.So instead of blaming,we need to have a healthy dialogue and must have a clear vision/objective on whether we want to make our india an india for all or want to make it a country of caste majority.

      Delete
  51. Your hegemony is NOT acceptable;
    Take your 20% CasteShareOfLand and go build your own "Reservation Free" nation;
    https://www.change.org/p/prime-minister-of-india-parliament-of-india-president-of-india-tell-brahmins-to-take-their-caste-share-of-land-and-go-build-their-own-nation

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  52. Mr Katju,

    You failed to understand the difference between Economic mobility and Social mobility;

    Had you married a YADAV/BC/SC/ST girl you would have understood.

    Social mobility is http://www.firstpost.com/living/it-is-privileged-hindus-who-suffer-from-the-sickness-of-caste-740165.html

    https://en.wikipedia.org/wiki/Economic_mobility and https://en.wikipedia.org/wiki/Social_mobility are mutually exclusive in India;

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  53. Reservations to BC/SC/ST should continue till Upper caste/Brahmin cleans manhole/drainage in streets for 2000 years;
    Otherwise take your #CasteShareOfLand and go build your own "Reservation Free" nation; goo.gl/8nr4bD

    ReplyDelete