Skip to main content

Apply anti-atrocities Act on Dalit Muslims, Christians: UN anti-race panel tells GoI

By Rajiv Shah 

In a controversial move, which runs contrary to the current Modi government policy, the United Nations Committee on the Elimination of Racial Discrimination (CERD), which falls under the Office of the High Commissioner for Human Rights (OHCHR), in a new report has asked the Government of India (GoI) to ensure that the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act 2015 – called anti-atrocities Act – should be applied to not just those Dalits which are supposed to part of Hindu religion.
The report, dated August 25, forwarded to Counterview, calls upon GoI to take into account “intersectionality” of the Dalits, insisting on providing “information on steps taken to ensure that Dalit Muslims and Dalit Christians and all members of scheduled castes and scheduled tribes who have converted to another religion are eligible for affirmative action benefits and benefit from the provisions of the Scheduled Casts and Scheduled Tribes (Prevention of Atrocities) Act.”
Called “advance unedited version”, the report, which has been released following an 11-page joint submission to the CERD by several human rights organisaations – Dalit Human Rights Defenders Network, National Council of Women Leaders, National Dalit Movement for Justice (NDMJ), International Dalit Solidarity Network, National Campaign on Dalit Human Rights, and Minority Rights Group International – however is not clear whether it considers “affirmative action” as offer of reservation for “non-Hindu” Dalits, which is their major demand.
Reiterating its 1999 stance which stated “that discrimination based on ‘descent’ includes discrimination against members of communities based on forms of social stratification such as caste and analogous systems of inherited status which nullify or impair their equal enjoyment of human rights”, the CERD wants GoI to “provide information” whether the constitutional and statutory provisions “for a prohibition of racial discrimination”, as it had defined, is being followed.
In their submission, the civil society groups had complained: “Despite the consistent position held by the Committee, by UN Special Procedures and by the OHCHR, India has regularly contended that discrimination based on caste cannot be considered racial discrimination”, pointing out, the latest GoI stance was no different – as seen in its contention dated July 15, 2020 on Contemporary Forms of Racism.
The five-page CERD report does not stop here. It wants the GoI – which it addresses as “state party” as it is one of the signatories to the UN convention on eliminating racism – to send information on rights enjoyed by Dalits and Adivasis under “national and international law”, including measures taken to “implement existing anti-discrimination and affirmative action legislation, and the concrete impact of such measures, disaggregated by caste, tribe, gender, State/district and rural/urban population.”
The information, it adds, should include “disaggregated data on the percentages of the Union, State and district budgets allocated for that purpose and on the effects of such measures on the enjoyment by members of tribals’ “right of ownership, collective or individual, over the lands traditionally occupied by them”.
The report seeks details on steps taken to “prevent and investigate allegations of arbitrary arrests, enforced disappearances, torture, extrajudicial killings including ‘fake encounters’, and sexual and other violence against members of scheduled castes and scheduled (SCs and STs) and other tribes by the police, the military and other State security forces”, as also information on disciplinary action has been taken against “police and other law enforcement officers who violate their duty of protection and/or investigation in relation to crimes against” SCs, STs “and other tribes.”
The report wonders whether there have been efforts to “ensure that the enforcement of lockdown restrictions by the police in the context of the Covid-19 pandemic do not discriminate against persons belonging to marginalized communities”, including SCs and STs, even as seeking information “on measures taken to effectively prevent acts of violence including sexual violence and exploitation of Dalit and tribal women, children and girls, often perpetrated by men from dominant castes, both in public and private settings.”
CERD has sought details on discrimination of SC-STs during lockdown restrictions by the police in the context of the Covid-19 pandemic
Especially referring to “steps taken to prevent and prohibit exploitative labour arrangements that Dalits are subjected to”, the CERD seeks information “effectively implement the Bonded Labour (System) Abolition Act and the amended Child Labour Act, protection of “domestic workers belonging to SC, ST and other tribes” under labour laws, addressing issues related to their “abuse, exploitation, trafficking and forced labour”, and and “measures taken against the employment of manual scavengers” under the Prohibition of Employment as Manual Scavengers and Their Rehabilitation Act (2013).
The report seeks “information on measures taken to address discrimination” of SC, ST and other tribes in relation housing and access to adequate and affordable land, access to water and sanitation, including safe drinking water and access to shared wells and public taps, access to ration shops, adequate health care facilities and reproductive health services.”
Referring to the right to education, the report says, the GoI should provide information on dropout and enrolment rates among Dalit children, scholarships or other financial subsidies, discrimination against Dalit pupils by teachers and fellow students, classroom segregation, use of derogatory caste terms, forcing them to perform manual work such as cleaning toilets and picking up garbage, discrimination regarding access to drinking water and midday meals, and so on.
Other issues on which CERD seeks information include measures taken to “ensure that the process of updating the National Register of Citizens (NRC) in Assam does not lead to statelessness, detention or arbitrary deprivation of citizenship”; measures taken to “adopt and implement a national refugee and statelessness legislation consistent with international standards”; and end the systematic use of alleged indefinite detention of Rohingyas in India; and information move to “repeal” the Armed Forces (Special Powers) Act in Kashmir.

Comments

Our government does not work that way. It believes in keeping divisions and differences alive and kicking.

TRENDING

New RTI draft rules inspired by citizen-unfriendly, overtly bureaucratic approach

By Venkatesh Nayak* The Department of Personnel and Training , Government of India has invited comments on a new set of Draft Rules (available in English only) to implement The Right to Information Act, 2005 . The RTI Rules were last amended in 2012 after a long period of consultation with various stakeholders. The Government’s move to put the draft RTI Rules out for people’s comments and suggestions for change is a welcome continuation of the tradition of public consultation. Positive aspects of the Draft RTI Rules While 60-65% of the Draft RTI Rules repeat the content of the 2012 RTI Rules, some new aspects deserve appreciation as they clarify the manner of implementation of key provisions of the RTI Act. These are: Provisions for dealing with non-compliance of the orders and directives of the Central Information Commission (CIC) by public authorities- this was missing in the 2012 RTI Rules. Non-compliance is increasingly becoming a major problem- two of my non-compliance cases are...

Urgent need to study cause of large number of natural deaths in Gulf countries

By Venkatesh Nayak* According to data tabled in Parliament in April 2018, there are 87.76 lakh (8.77 million) Indians in six Gulf countries, namely Bahrain, Kuwait, Oman, Qatar, Saudi Arabia and the United Arab Emirates (UAE). While replying to an Unstarred Question (#6091) raised in the Lok Sabha, the Union Minister of State for External Affairs said, during the first half of this financial year alone (between April-September 2018), blue-collared Indian workers in these countries had remitted USD 33.47 Billion back home. Not much is known about the human cost of such earnings which swell up the country’s forex reserves quietly. My recent RTI intervention and research of proceedings in Parliament has revealed that between 2012 and mid-2018 more than 24,570 Indian Workers died in these Gulf countries. This works out to an average of more than 10 deaths per day. For every US$ 1 Billion they remitted to India during the same period there were at least 117 deaths of Indian Workers in Gulf ...

Budget for 2018-19: Ahmedabad authorities "regularly" under-spend allocation

By Mahender Jethmalani* The Ahmedabad Municipal Corporation’s (AMC's) General Body (Municipal Board) recently passed the AMC’s annual budget estimates of Rs 6,990 crore for 2018-19. AMC’s revenue expenditure for the next financial year is Rs 3,500 crore and development budget (capital budget) is Rs 3,490 crore.

History, culture and literature of Fatehpur, UP, from where Maulana Hasrat Mohani hailed

By Vidya Bhushan Rawat*  Maulana Hasrat Mohani was a member of the Constituent Assembly and an extremely important leader of our freedom movement. Born in Unnao district of Uttar Pradesh, Hasrat Mohani's relationship with nearby district of Fatehpur is interesting and not explored much by biographers and historians. Dr Mohammad Ismail Azad Fatehpuri has written a book on Maulana Hasrat Mohani and Fatehpur. The book is in Urdu.  He has just come out with another important book, 'Hindi kee Pratham Rachna: Chandayan' authored by Mulla Daud Dalmai.' During my recent visit to Fatehpur town, I had an opportunity to meet Dr Mohammad Ismail Azad Fatehpuri and recorded a conversation with him on issues of history, culture and literature of Fatehpur. Sharing this conversation here with you. Kindly click this link. --- *Human rights defender. Facebook https://www.facebook.com/vbrawat , X @freetohumanity, Skype @vbrawat

Epic war against caste system is constitutional responsibility of elected government

Edited by well-known Gujarat Dalit rights leader Martin Macwan, the book, “Bhed-Bharat: An Account of Injustice and Atrocities on Dalits and Adivasis (2014-18)” (available in English and Gujarati*) is a selection of news articles on Dalits and Adivasis (2014-2018) published by Dalit Shakti Prakashan, Ahmedabad. Preface to the book, in which Macwan seeks to answer key questions on why the book is needed today: *** The thought of compiling a book on atrocities on Dalits and thus present an overall Indian picture had occurred to me a long time ago. Absence of such a comprehensive picture is a major reason for a weak social and political consciousness among Dalits as well as non-Dalits. But gradually the idea took a different form. I found that lay readers don’t understand numbers and don’t like to read well-researched articles. The best way to reach out to them was storytelling. As I started writing in Gujarati and sharing the idea of the book with my friends, it occurred to me that while...

Stands 'exposed': Cavalier attitude towards rushed construction of Char Dham project

By Bharat Dogra*  The nation heaved a big sigh of relief when the 41 workers trapped in the under-construction Silkyara-Barkot tunnel (Uttarkashi district of Uttarakhand) were finally rescued on November 28 after a 17-day rescue effort. All those involved in the rescue effort deserve a big thanks of the entire country. The government deserves appreciation for providing all-round support.

Neglected dimension: Important linkages of social relationships, values to climate change

By Bharat Dogra  A very important but neglected dimension of the efforts to resolve climate change and related serious environmental problems concerns the social values and relationships among people. To bring out the significance of this neglected aspect let us examine the response of two different types of societies. First, let us try to compare a society in which family and community ties are strong and close with another society where these are weak, where there is strong individualism and a very high number of single person households or units. In the first society there is more sharing of resources and facilities, so that this society tends to consume less (to meet needs such as housing and various gadgets). In addition there is much greater possibility in the first society to mobilize people for tasks like greening of community places or even household spaces. When it comes to tasks relating to climate change adaptation, it is the societies with close social relationships wh...

Call to "enjoy" pilgrimage of Sabarmati beyond Ahmedabad, where river water turns black

Sabarmati at Vautha By A Representative Nagrik Sashaktikaran Manch (NSM), a Gujarat-based civil rights organization, has called upon the state's citizens to join in a "unique yatra" along the river Sabarmati, starting in Ahmedabad and ending off the Gulf of Khambhat, where the river is supposed to merge with the sea. Pointing out that in Hindu culture, rivers are equated with Mother Goddess, NSM convener Jatin Seth says, it will be a "special event of pilgrimage", because, just like Ganga, Sarbarmati possesses "special properties." "Starting at Giaspur, one can see how industries are releasing chemicals in Sabarmati, and you get a Thumbs-Up like colour of the water, and if you drink it, you are sure to be at least affected by cancer, and this way would enable you to book your ticket in the paradise. The river has a special smell, too, emanating from a black cocktail-type colour", says Seth in a statement. A village next to Sabarmati river In...

Is India emulating west, 'using' anti-terror plank to justify state-supported violence?

Fahad Ahmad, Baljit Nagra*  Prime Minister Justin Trudeau has accused India of being involved in the assassination of Hardeep Singh Nijjar, a Canadian Sikh leader, on Canadian soil. Narendra Modi’s right-wing Hindu nationalist Indian government is defiant and denies involvement. Indian officials have instead admonished Canada for being a “ safe haven ” for Sikh “terrorism,” a pejorative for Sikh self-determination .