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

India's chemical industry: The missing piece of Atmanirbhar Bharat

By N.S. Venkataraman*  Rarely a day passes without the Prime Minister or a cabinet minister speaking about the importance of Atmanirbhar Bharat . The Start-up India scheme is a pillar in promoting this vision, and considerable enthusiasm has been reported in promoting start-up projects across the country. While these developments are positive, Atmanirbhar Bharat does not seem to have made significant progress within the Indian chemical industry . This is a matter of high concern that needs urgent and dispassionate analysis.

A comrade in culture and controversy: Yao Wenyuan’s revolutionary legacy

By Harsh Thakor*  This year marks two important anniversaries in Chinese revolutionary history—the 20th death anniversary of Yao Wenyuan, and the 50th anniversary of his seminal essay "On the Social Basis of the Lin Biao Anti-Party Clique". These milestones invite reflection on the man whose pen ignited the first sparks of the Great Proletarian Cultural Revolution and whose sharp ideological interventions left an indelible imprint on the political and cultural landscape of socialist China.

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 ...

Swami Vivekananda's views on caste and sexuality were 'painfully' regressive

By Bhaskar Sur* Swami Vivekananda now belongs more to the modern Hindu mythology than reality. It makes a daunting job to discover the real human being who knew unemployment, humiliation of losing a teaching job for 'incompetence', longed in vain for the bliss of a happy conjugal life only to suffer the consequent frustration.

Remembering a remarkable rebel: Personal recollections of Comrade Himmat Shah

By Rajiv Shah   I first came in contact with Himmat Shah in the second half of the 1970s during one of my routine visits to Ahmedabad , my maternal hometown. I do not recall the exact year, but at that time I was working in Delhi with the CPI -owned People’s Publishing House (PPH) as its assistant editor, editing books and writing occasional articles for small periodicals. Himmatbhai — as I would call him — worked at the People’s Book House (PBH), the CPI’s bookshop on Relief Road in Ahmedabad.

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

As 2024 draws nearer, threatening signs appear of more destructive wars

By Bharat Dogra  The four years from 2020 to 2023 have been very difficult and high risk years for humanity. In the first two years there was a pandemic and such severe disruption of social and economic life that countless people have not yet recovered from its many-sided adverse impacts. In the next two years there were outbreaks of two very high-risk wars which have worldwide implications including escalation into much wider conflicts. In addition there were highly threatening signs of increasing possibility of other very destructive wars. As the year 2023 appears to be headed for ending on a very grim note, there are apprehensions about what the next year 2024 may bring, and there are several kinds of fears. However to come back to the year 2020 first, the pandemic harmed and threatened a very large number of people. No less harmful was the fear epidemic, the epidemic of increasing mental stress and the cruel disruption of the life and livelihoods particularly among the weaker s...

Muslim women’s rights advocates demand criminalisation of polygamy: Petition launched

By A Representative   An online petition seeking a legal ban on polygamy has been floated by Javed Anand, co-editor of Sabrang and National Convener of Indian Muslims for Secular Democracy (IMSD), inviting endorsements from citizens, organisations and activists. The petition, titled “Indian Muslims & Secular Progressive Citizens Demand a Legal Ban on Polygamy,” urges the Central and State governments, Parliament and political parties to abolish polygamy through statutory reform, backed by extensive data from the 2025 national study conducted by the Bharatiya Muslim Mahila Andolan (BMMA).

Bangladesh alternative more vital for NE India than Kaladan project in Myanmar

By Mehjabin Bhanu*  There has been a recent surge in the number of Chin refugees entering Mizoram from the adjacent nation as a result of airstrikes by the Myanmar Army on ethnic insurgents and intense fighting along the border between India and Myanmar. Uncertainty has surrounded India's Kaladan Multimodal Transit Transport project, which uses Sittwe port in Myanmar, due to the recent outbreak of hostilities along the Mizoram-Myanmar border. Construction on the road portion of the Kaladan project, which runs from Paletwa in Myanmar to Zorinpui in Mizoram, was resumed thanks to the time of relative calm during the intermittent period. However, recent unrest has increased concerns about missing the revised commissioning goal dates. The project's goal is to link northeastern states with the rest of India via an alternate route, using the Sittwe port in Myanmar. In addition to this route, India can also connect the region with the rest of India through Assam by using the Chittagon...