Alternate Report

Submitted to

UN committee on Economic, Social and Cultural Rights, Geneva

during State Party (India) Report-2007

by

ACJP-INDIA, (Mumbai,India)

(part of the network of Ambedkar Centre for Justice and Peace, Global NGO)

Executive Summary and Recommendations

Right to equality and justice are the basic principles of human society in the contemporary period of globalization and democratic governance. The traditional and historical bases of deprivation and discrimination like –Race, Color, Ethnicity, Religion, and Descent are no more relevant and therefore different governments and non government organizations across the world have been making efforts to prevent such violation of human rights. The UNO under different forms and committees do take cognizance of such incidents and directs/ guides the state party to over come these inhuman acts. The committee on the Elimination of Racial Discrimination (CERD) is one of such organ of the UNO, under the Council of Economic Social and Cultural Rights.

The caste based discrimination is a major problem in India linked to caste and religion that has roots in its history and traditions. The forms of discrimination are multiple that lead to violation of basic human rights. These forms of violation of rights can be categorized mainly into four major heads:

  1. Economic
  2. Social
  3. Educational
  4. Cultural

Based on the main report, one can strongly believe that the Indian State Party has a long way to go ! It is revealed that nearly 200 million Indians are being treated as untouchables – Dalits or Scheduled Castes who are deprived of the basic amenities like drinking water, employment, education, temple entry – rituals, good quality life etc. The crisis do not end with deprivation but are resulted into various atrocities, harassments, boycotts, bonded-forced labour. Rapes, murders, arson, dacoities are common features of every day life.

The national government has the treaty obligations but it passes legislation that the states are expected to enforce, and the social uplift is left to the states, instead of the national government bearing the financial and accountability duties. It is not merely an economic problem but it is about social and state discrimination against Dalits, and about the unjust imbalance in advancement. The national government’s failure to make progress in the uplift of Dalits as measured by the improvement of Hindu castes, and by the wealth of the states and the country (and therefore the capacity to make more progress in uplifting Dalits.

Despite various legal and constitutional provisions, the situation seems to very serious at all fronts due to the social, economic, religious, cultural, educational and political domination of minority (upper castes) which has been inherited from history and tradition of this country. We strongly believe in democracy, equality, social justice and human dignity; and therefore, with humble submission, make following recommendations for consideration of the Committee.

  1. Based on the review of available literature, we feel that the facts, data and information are superficial and unrealistic and therefore, we recommend that the committee undertakes a survey at all India level with a trained and experienced research team. The scope of this survey will be to cover all the aspects of human rights violation of Dalits and would evolve the strategies to find out solutions with long term, medium and short term perspectives.
  2. We demand to create new rehabilitation centers with special social-economic zones for the Dalits.
  3. National government should be held fully responsible for every aspect of violation of human rights and for remedial programs.
  4. The UNO should form a guiding and monitoring committee with Dalit appropriate presentation
  5. Immediate task is to work on the strategies and plans to sensitize all the instruments of governance and common people with the help of progressive NGOs.
  6. Keeping in mind, the coming 20 years are going to be crucial for human resource development and the role of education in it; hence, educational strategies and plans be developed for total coverage of Dalits with vocational education.
  7. It is recommended that the UNO should contribute some funds for these activities in addition to the special funding provided by the Indian government.

Ambedkar Center for Justice and Peace (ACJP)

This report is being presented under the universal declaration of Human Rights of 1948. The UN committee on the Elimination of Racial Discrimination (CERD) is responsible for monitoring states compliance with the International Convention on the Elimination of all forms of Racial Discrimination. The convention guarantees rights of non-discrimination on the basis of “race, colors, descent or national or ethnic origin. In the year 1966 CERD concluded that plight of Dalits falls squarely under the prohibition of race based discrimination.

India as a state party is obliged to submit periodic reports with details of implementing the rights guaranteed under convention. In view of the long overdue report India Submitted the 2nd to 5th reports together in 2006. However these reports do not mention clear mention of abuses against Dalits documented by its own agencies or any other non-government organizations.

This report is based on the facts collected and documented from the various government agencies pertaining to gross violation of Social Economic and Cultural Rights of the Dalits. In addition, the report provides insights into the issues and plight of sufferings of Dalits from insiders’ perspective. Based on the lifelong struggle launched by Dr. B. R. Ambedkar for liberation and dignity of Dalits, the Indian government adopted the constitution that ensures the equality, justice and fraternity. Therefore, in order to achieve these objectives some special provisions have been made available for the downtrodden in general and for the Scheduled Caste (SCs) and Scheduled Tribes (STs) in particular. These provisions are mainly in the areas of education, employment in public sector and political representation. Also in addition various Acts have been passed against practice of untouchability (1955) violation of Civil Rights (1976) and prevention of Atrocities (1989). Various schemes and programmes have been introduced for the welfare of these communities. The constitution of India guarantees basic human rights; also known as Fundamental rights. Violation of these rights could be challenged in the court. Also there is a provision in the constitution ensuring non-discrimination based on race, gender, caste, color and religion. There are progressive laws and human rights redressal agencies but these laws are not implemented effectively. Similarly, various plans, programs and schemes that are existing for social and economic upliftment of the vulnerable groups are not implemented uniformly and effectively.

Who are Dalits?

According to the census report of 2001, India’s total population is 1028 million, out of which 532 millions are males and 496 million females. Out of these, 167.2 million people are termed as Scheduled Castes (SCs) constitutionally and traditionally known to be untouchable communities or outcastes. Presently they are called as ‘Dalits’ by many movements and political bodies. However, their history and social roots go back to be “racial group” of aboriginal people. These people are imposed with stigmatized identity drawn from Hindu religion and caste system – based on hierarchy, purity-pollution concepts and graded inequality. The caste system did not grant any freedom to choose their occupation, education and cultural activities and hold property in any form. It is only after independence that the constitution guaranteed them basic rights and adopted special policy for their upliftment.

Despite these provisions, experiences and the facts revealed by various studies/surveys both, government and non-government, tell us that during last six decades of freedom and democratic governance, the over all situation of these communities is far beyond satisfaction. On the contrary, the atrocities, exploitation and subjugation continue to happen on these communities. In his foreword, Justice A. S. Anand in the Report on Prevention of Atrocities Against Scheduled Castes, published by National Human Rights Commission, 2004 says,

“The humiliation which persons belonging to the Scheduled Castes in general and the Dalits in particular suffer even today, more than half a century after India proclaimed itself to be a Republic is a matter of shame!”

Major factors – responsible for such situation are:

  1. Lack of strong political will.
  2. Traditional strong biases and prejudices against the communities.
  3. Weak instruments of governance.
  4. General apathy among people.
  5. Bureaucracy – upper caste domination.
  6. Least priority allotted to these issues.
  7. Gross unawareness and inaccessibility to the provisions to the SCs and STs.
  8. Lack of proper representation of Dalits at all levels.
  9. Poor budget allocation and under utilization of funds.
  10. lack of strong scientific approach to identify and analyse the issues with appropriate remedies with strong will power.

As a result of these, the issue of Human Rights violation is missing out from the main agenda at national level and at international level the attitude is to cover up these issues.

Article 2: Caste/Race based discrimination and violence against SCs and STs

Crimes against SC-ST

Since majority of the SC-ST live in rural and remote parts of the country and depend on upper castes both socially and economically, they are subject to various atrocities and suppressions like murder, rape, hurt, arson, boycott, etc. In India the social, economic and political power is determined by castes(upper) that have monopoly over as tradition. These castes find easy to execute their power on powerless and manage to escape legal actions due to nexus between administration and police machineries – with political support (See Tables 1,2,3,4). Such reported cases are 40 per cent only as the upper castes do not allow them to register with police or the police refuse to register the cases.

Social Discrimination: Caste based discrimination is existing both in rural and urban areas, however, we see it happening in latent ways in urban parts and manifest ways in rural parts in different forms like entry into private houses, temples, village festivals, panchayats, village functions etc. In urban areas, it is in the form of physical segregation, deprivation, denying access to good quality life etc. Social discrimination is found in educational institutions also.

Bonded Labour

Under article 23 of the constitution although forced/bonded labour has been forbidden yet the practice of traffic in human beings the shape of beggar or forced labour continued in the country in one from or the other with different names same state Governments had enacted legislations to abolish this evil practice before and after independence. In the earlier Reports of the Commissioner for Scheduled Caste and Scheduled Tribes instances of the existence of bonded labour system had been indicated and remedial measures 0had also been suggested to eradicate the same, but it was observed that the lukewarmness on the part of State Government implementing these lows had not improved the situation. In order to eradicate this evil practice, the Central Government enacted the ‘Bonded Labour System (Abolition) Act’ in 1976. The provocations of this Act have already been discussed in our previous Report. Consequent upon the enforcement of the provisions of this Act the State Governments made fresh efforts to identify the bonded labours in their respective States. Out of 31 State/Union Territories so far ten States and one Union Territory have acknowledged the existence of the bonded labourers and made efforts for their identification, release and rehabilitation. According to the available information 1,05,180 bonded labourers had been identified in the following States/Union Territory out of whom 1,04,749 were released and 31,844 rehabilitated as on 31st May, 1978.

Forced and Bonded Labour

As stated in the previous Reports, the money-lending also gave birth to an obnoxious system of forced and bonded labour known by different names in the States of Andhra Pradesh, Jammu & Kashmir, Kerala, Madhya Pradesh, Madras, Maharashtra, Mysore, Orissa, Rajasthan and Uttar Pradesh and the Union Territory of Dadra and Nagar Haveli.

Information regarding the legislative and executive measures adopted by the various State Governments and Union Territory Governments/Administrations, to check the practices of bonded labour, have already been given in the previous Reports. Further information about bonded labour practiced in Kerala, Maharashtra and Uttar Pradesh is contained in the following paragraphs.

Kerala

The Paniyans and the Adiyans living in the South and the North Wynad Talukas of Kozhikode, and also in Cannanore District, are the victims of this practice. These people, while in search of employment for the ensuing agricultural season, come in contact with landlords in need of labourers for work in their extensive paddy fields and plantations, during the annual festival in Vallurvaru Temple, some two miles from Manantody – the headquarters of North Wynad, in the middle of April every year. The landlords offer money to these tribals, which is, generally a fixed amount of Rs. 10.00 per head. There is a tactic understanding that, in return for the laon, the Paniyan or the Adiyan concerned will work under that landlord for one year i.e. till the next festival; but if he refuses to work under that landlord for one year i.e. till the next festival; but if he refuses to work under that landlord the money has to be refunded and the tribal may be harassed in a number of ways. The Paniyan or the Adiyan, so bound, is allowed to put a hut on the landlord’s land near the field, but if he refuses to work he is forced to vacate his homestead. The wages given to such persons are much lower than those paid to free labourers. In order to help the tribals, the Government of Kerala have recently appointed two welfare officers to work as Liaison Officers among the Paniyans and the Adiyans and also a few Government functionaries to be incharge of law and order and of development activities in that area.

Maharashtra

The survey of indebtedness undertaken by the Commissioner’s Organisation in Maharashtra, made an attempt to ascertain the incidence of bonded labour, also, in this State. The survey revealed that bonded labour was prevalent in Thana District, as a few cases were detected in some of the Tribal Development Blocks in the district. The main feature of this system is that a tribal pledges his labour, and sometimes labour of the other members of his family, in return for a loan, and is released only when the loan is repaid. The period of bond of service ranges from 3 to 5 years. A case, however, came to notice in which a tribal had remained bonded for about 14 years. The creditor is responsible for feeding the bonded persons who also get some clothing from him, but no cash payment is made at all. The bonded person ahs to depend upon someone in his family to procure the required money for securing his release. The agreements are only oral.

Forced Labour

Traffic in human beings and Begar and other similar forms of forced labour have been prohibited under Articles 23 of the Constitution and any contravention of this provision has been declared an offence punishable in accordance with law. The State Government is however, empowered to impose compulsory service for public purposes, but no discrimination can be made while imposing such service in grounds of only religion, race, caste or class or any of them. Force labour, wherever prevalent, is generally practiced to the disadvantage of the backward classes. The Scheduled Castes and Scheduled Tribes generally belong to such classes and effort has been made to find out the extent to which forced labour is imposed on these people.

It is true that this practice is not found generally, except in rare cases, in some of the interior areas, but it is still prevalent in one form or the other. I have noticed that in the villages of Dasmauthpur and Narayanpatna of Koraput Sub-Division and in the Sundergarh district of Orissa State ‘Gothi’ system is in force. In Sundegarh district, ‘Gothi’ system which is a kin to forced labour, is still in force, in which the Scheduled Tribe people are the victims. In some of the areas in Vindhya Pradesh, a system called ‘Harwahi’ Pratha’ is prevalent. According to this custom, the Scheduled Tribes are forced to work on the farms of individual zamindars without adequate remunerations. Recently it was reported that in Pandhurna Municipal Committee in Madhya Pradesh, the municipal sweepers in addition to their normal duties, were required to bring stones and sand from the stream beds for the construction of municipal works, such as houses and roads, without extra remuneration. This case was, however, taken up with the State Government and it was possible to have the matter amicably settled. It is reported that in the villages of Akkalkot taluka of Sholapur District in Bombay, the Mahars, Ramoshis, etc., have to work as inferior village servants without any remuneration. The State Government is looking into this complaint.