Caste atrocities in India – This UN report of 1996 is still relevant, know why it suddenly became a topic of discussion after 28 years?

Time to erase the permanent division of upper caste and lower caste mentality: Dalit rights spokesperson Advocate Anand S. Jondhale has demanded the President to form a high-powered committee of Dalit activists and legal experts.

Geetha Sunil Pillai

New Delhi – Supreme Court Dalit Advocates Association convenor Advocate Anand S. Jondhale has written a letter to the President. In this letter, he has demanded the implementation of the United Nations recommendations to end caste-based discrimination.

In 1996, the United Nations Committee on Racial Discrimination (CERD) had said that a large-scale education campaign is needed to eliminate the thinking of upper and lower castes in India. Despite legal protection, atrocities on Dalits continue.

Jondhale has demanded the President to form a special committee (high powered committee), which includes Dalit activists and legal experts. This committee will formulate strategies to eliminate caste-based discrimination at every level of society.

Jondhale informed that in the 49th session of the International Conference on the Elimination of All Forms of Racial Discrimination of the United Nations, which was held on 17.09.1996, the Committee on the Elimination of Racial Discrimination in its conclusion stated that the Committee recommends a sustained campaign to educate the Indian public about human rights.

This campaign should be in line with the Constitution of India and universal human rights instruments, including the International Convention on the Elimination of All Forms of Racial Discrimination. Its aim should be to eliminate the institutional mindset of upper caste and lower caste.

In a conversation with The Mooknayak, Jondhale said, “Despite the recommendations of the United Nations in the year 1996, which were aimed at eliminating the institutional mindset of upper caste and lower caste in India, even today hundreds of cases of Dalit atrocities are being reported every day. A demand has been made to form a High Power Committee comprising Dalit activists/Dalit advocates to find ways and means to eliminate casteism from Indian society.” Major concerns expressed by the UN committee 28 years ago

The United Nations had raised several serious issues in the report released on 17 September 1996. The committee said that caste-based violence and discrimination still continues. Laws protecting Dalits and Adivasis are not properly followed. The National Human Rights Commission is not allowed to investigate cases related to the army. Dalits face mass violence, social exclusion and economic discrimination. They are also discriminated against in education, employment and health services. The saddest thing is that those guilty of caste-based crimes do not get punished.

The committee wrote in its report, “Despite constitutional provisions and legal systems to abolish untouchability, widespread discrimination against Dalits continues. Dalits are often prevented from using public wells, denied access to cafes or restaurants, and their children are segregated in schools.”

1. The committee clarified that the caste system also comes under the purview of discrimination. The committee is seriously concerned that the Government of India is not willing to reconsider its position on this.

2. Kashmiris and other groups are treated in a manner inconsistent with the basic provisions of the agreement because of their ethnic or national identity.
3. Section 19 of the Protection of Human Rights Act prevents the National Human Rights Commission from directly investigating complaints of abuse involving the armed forces. This creates an environment of impunity for members of the armed forces.
4. There is a lack of information about the functions and activities of the Scheduled Castes-Tribes Commission and the Minority Commission. This makes it difficult to assess how effective these commissions are.
5. There are many cases of discrimination on the basis of caste, colour, descent or national/ethnic origin, but no such case has come to the courts. It is a matter of concern whether people are aware of their rights.
6. Widespread violence against some minorities is perpetrated by extremist organisations, which have not been declared illegal.
7. Some communities do not get representation in proportion to their population.
8. There is no specific law to compensate for the losses caused by racial discrimination. Though the Supreme Court and High Courts can award compensation, there is no specific law for it.

The Committee noted these concerns as well as some positive aspects, such as the establishment of a Human Rights Commission, freedom of the media, and provision for public interest litigation. But these concerns indicate that more concrete steps are needed to eliminate discrimination.

Key recommendations made by the UN Committee for India

Guarantee of Fundamental Rights

The Committee recommended that the Government of India continue and strengthen efforts to ensure that all groups, particularly the Scheduled Castes and Scheduled Tribes, enjoy the full benefit of their civil, cultural, economic, political and social rights.

Special measures to prevent discrimination

• Special measures should be taken to prevent discrimination against SC/ST people
• Cases of discrimination should be thoroughly investigated
• The guilty should be punished
• Victims should be adequately compensated
• Equal access to health services, education, employment and public places (such as wells, cafes, restaurants) should be ensured

Powers of Human Rights Commission

• Section 19 of the Protection of Human Rights Act should be removed so that abuses by the armed forces can be investigated
• Racial discrimination cases older than one year can also be investigated

4. Information about National Commissions The next report should provide information on the powers, functions and effective implementation of the Scheduled Castes-Tribes Commission and the Minority Commission.
5. Implementation of legal provisions The next report should provide information on the implementation of legal provisions preventing racial discrimination, including the number of complaints registered and punishments.
6. Public awareness campaign

• The campaign to educate the Indian public on human rights should be continued
• This campaign should be in line with the Indian Constitution and international human rights instruments
• Its aim should be to eliminate the institutional thinking of upper and lower castes

7. Judicial assistance It should be made easier to get justice from the courts to compensate for the damage caused by racial discrimination, including discrimination on the basis of caste or tribe.
8. Publicity of the report The Government of India should widely publicize its report and these findings, as far as possible in official and state languages.

Despite legal protection, caste-based violence is a bitter reality for millions of Dalits in India. Jondhale has demanded several important steps from the government. He says that anti-discrimination laws should be strictly implemented. Awareness campaigns should be run against caste-based discrimination across the country. Proper participation of Dalits should be ensured in policy making institutions. Legal help and assistance should be increased for Dalit victims. Also, work should be done in collaboration with international human rights organizations.

Courtesy : Hindi News