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

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.

Jayanthi Natarajan "never stood by tribals' rights" in MNC Vedanta's move to mine Niyamigiri Hills in Odisha

By A Representative The Odisha Chapter of the Campaign for Survival and Dignity (CSD), which played a vital role in the struggle for the enactment of historic Forest Rights Act, 2006 has blamed former Union environment minister Jaynaynthi Natarjan for failing to play any vital role to defend the tribals' rights in the forest areas during her tenure under the former UPA government. Countering her recent statement that she rejected environmental clearance to Vendanta, the top UK-based NMC, despite tremendous pressure from her colleagues in Cabinet and huge criticism from industry, and the claim that her decision was “upheld by the Supreme Court”, the CSD said this is simply not true, and actually she "disrespected" FRA.

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.

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 ...

Uttarakhand tunnel disaster: 'Question mark' on rescue plan, appraisal, construction

By Bhim Singh Rawat*  As many as 40 workers were trapped inside Barkot-Silkyara tunnel in Uttarkashi after a portion of the 4.5 km long, supposedly completed portion of the tunnel, collapsed early morning on Sunday, Nov 12, 2023. The incident has once again raised several questions over negligence in planning, appraisal and construction, absence of emergency rescue plan, violations of labour laws and environmental norms resulting in this avoidable accident.

Pairing not with law but with perpetrators: Pavlovian response to lynchings in India

By Vikash Narain Rai* Lynch-law owes its name to James Lynch, the legendary Warden of Galway, Ireland, who tried, condemned and executed his own son in 1493 for defrauding and killing strangers. But, today, what kind of a person will justify the lynching for any reason whatsoever? Will perhaps resemble the proverbial ‘wrong man to meet at wrong road at night!’

Celebrating 125 yr old legacy of healthcare work of missionaries

Vilas Shende, director, Mure Memorial Hospital By Moin Qazi* Central India has been one of the most fertile belts for several unique experiments undertaken by missionaries in the field of education and healthcare. The result is a network of several well-known schools, colleges and hospitals that have woven themselves into the social landscape of the region. They have also become a byword for quality and affordable services delivered to all sections of the society. These institutions are characterised by committed and compassionate staff driven by the selfless pursuit of improving the well-being of society. This is the reason why the region has nursed and nurtured so many eminent people who occupy high positions in varied fields across the country as well as beyond. One of the fruits of this legacy is a more than century old iconic hospital that nestles in the heart of Nagpur city. Named as Mure Memorial Hospital after a British warrior who lost his life in a war while defending his cou...

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.

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...