18 - 19 April 2000, Chennai

Interim Observations & Recommendations of the Jury

We, the Members of the Jury of the National Public Hearing on Dalit Human Rights Violations, invited by the National Campaign on Dalit Human Rights, met at Chennai on 18th and 19th April 2000. We heard yesterday 28 cases of human rights violations from 10 different States representing Tamil Nadu, Bihar, Punjab, Maharashtra, Karnataka, Rajasthan, Kerala, Andhra Pradesh, Gujarat and Uttar Pradesh. We continue to hear today 28 more depositions.

Dalit victims  agonising stories: Critical issues

We heard agonising stories from the witnesses with regard to such issues as Untouchability practices, Caste violence against Dalits, Mass killings of Dalits, Social boycott, Implementation of the SC/ST (Prevention of Atrocities) Act 1989, Effectiveness of the National SC/ST Commission, Manual Scavenging, Discrimination against Dalit Elected Representatives, State violence against Dalits, Dalit Women, Devadasi Women, Dalits and land, Bonded labour, Dalit labourers and Dalit education.

Dalits : A Broken People suppressed by "hidden apartheid"

Despite the fact that untouchability is abolished under the Indian Constitution 1950, 160 million Indian Dalit citizens continue to live a precarious existence today, shunned by much of society because of their rank as Dalits, literally meaning Broken People. Most Dalits continue to live even today in extreme poverty without land and opportunities for better employment or education. They - men, women, children - often work as labourers for a pittance of Rs.15/- to Rs.30/- a day.

Dalit women face the triple burden of caste-class - gender oppression. Sexual abuse and other forms of violence against women are used by landlords and police to inflict "political lessons" on them and to crush dissent within the village community. Dalits have been threatened with physical abuse and assault, even death, in order to make them withdraw their attempts at political participation. Dalits  campaigns for the implementation of land reforms, minimum wages, reservations and the abolition of manual scavenging have met with similar fates. Dalit children are frequently made to sit at the back of the classroom and the community as a whole is made to perform degrading rituals in the name of caste.

Dalits in India continue to be a part of the "hidden apartheid."

Dalit Rights violations: State and dominant castes nexus

Despite the progressive Articles of the Indian Constitution, the Protection of Civil Rights Act 1955 and the SC/ST (Prevention of Atrocities) Act 1989, the rights of Dalits still continue to be violated. In several cases that were deposed before us we found that for the Dalits, rights are non-existent, or invisible to say the least. In several cases we heard that it is the law of the caste Hindus that prevails and that the State laws are subverted by the very authorities who are mandated and meant to enforce these laws. This is made evident by the depositions that none of the states have seriously implemented the SC/ST (Prevention of Atrocities) Act 1989.

We hold the Government clearly responsible for the many acts of violations of Dalits' human rights by its agents and instrumentalities. The provisions of this Act deal also with violations of non-State actors, that is, the dominant castes. Despite thousands of cases filed, the rate of conviction is abysmally low. International jurisprudence, including the UN Convention on the Elimination of All Forms of Racial Discrimination to which India is a party, makes the State responsible for violation of human rights, even by non-State actors.

Protection of Dalit Rights: Colossal failure of the State

Despite the fact that in 1993 the Indian Government enacted the Protection of Human Rights Act and special machinery was created to enforce this Act as well as the Special Courts constituted under the SC/ST (Prevention of Atrocities) Act 1989 for safeguarding the human rights of Dalits, it is made very evident from all the cases heard by the Jury that :

1) The State is continuing to perpetuate violence against Dalits;

2) The State is colluding with the dominant castes in several areas across all the states. We heard depositions about the oppression of Dalits and the denial of their human rights by all State agencies, especially the police;

3) The State, by its inaction, fails to implement all its laws and rules and to take stringent measures and action when dominant castes perpetrate atrocities on Dalits;

4) The Judiciary has not responded to the violations of the rights of the Dalits with adequate sensitivity and urgency.

The Police Force: Defenders turn Violators

The ignorance of and indifference to the SC/ST (Prevention of Atrocities) Act 1989 and other such laws requires radical steps to sensitise the law enforcement officers, in particular the police and the bureaucracy, about the urgency and importance of the provisions of this Act. Prosecution should be proceeded with immediately against those who ignore the law. Efforts must be taken immediately to redress this lack of information and awareness.

In this respect we are constrained to observe that instead of aiding empowerment of Dalits, the law enforcing machinery has become the great abuser of the human rights of Dalits. This is because we found that in case after case the police have actively colluded with caste Hindus to perpetrate and perpetuate violence against Dalits and have failed to provide them with adequate security against caste atrocities. The indignities inflicted on large sections of people, particularly Dalit women, are extremely disturbing and shocking. We were shocked to listen to the most barbaric acts inflicted on Dalit women and children by the dominant caste groups and state agencies.

Among the cases reviewed, there are shocking instances of the police indulging in brutal violence against Dalits. Two cases in Tamil Nadu, i.e. the Thamiraparani massacre of eleven Dalits by the police and the violence and vandalism indulged in by them in Gundupatti village in Kodaikanal, indicate a shocking lawlessness on the part of the police.

The shameful brutality meted out to Dalits has in many instances forced them to leave their village and has uprooted them due to want of security in the villages. These people are also facing economic insecurity in their villages and, therefore, have to desert the villages and move away to some other place in search of employment. This is a gross violation of their right to life, livelihood and dignity. This is compounded by the fact that women have been widowed and they have to live with their children in a state of constant fear, misery and poverty.

NGOs in Civil Society: A significant task ahead

Needless to say, social organisations must also step up their efforts to create more awareness among Dalits about these laws. As part of civil society and given the noble aim of service to society for which they have committed themselves, it is incumbent on them to enlighten and generate awareness among Dalits regarding the existence and knowledge of such legislation.

Code of Conduct for State Agencies: An urgent need

It is shocking for us to find that in some of the cases the Judge himself has violated human rights and still continues in office, as in the case of Uttar Pradesh where the Sessions Judge who murdered a Dalit has not yet been suspended and continues to function even to this day as a judge. A Code of Conduct for all state agencies, including the judiciary, with regard to ethics in order to deal with cases of such gross violations of human rights against Dalits must be urgently formulated and implemented. This is in conformity with the SC/ST (Prevention of Atrocities) Act 1989 and the special provisions in the Constitution abolishing such gross violations of Dalits  human rights.

Manual scavenging: Negation of Dalits  dignity and rights

Though employment of manual scavenging was abolished by statute in 1993, 7.9 lakh Dalits are still forced to continue as manual scavengers. Most state governments do not seem to know of even the existence of the Act and many others are not aware of the provisions of this Act. Manual scavenging is the worst form of negating human rights and the dignity of Dalits.

Being scavengers, they are forced to live in abject conditions although manual scavenging is prohibited by law. We also realised that Dalits are also not aware of such a law. A case in Andhra Pradesh highlights this inhuman and oppressive act against Dalits. Despite the existence of the law, one woman in Anantapur district of Andhra Pradesh is required to clean 400 toilets in one day! These toilets have no water facilities and the women are still forced to work in subhuman conditions despite provisions in the Act that prohibit such work. Several women have also been exposed to the serious hazards of disease and premature death in the process. We consider this a serious violation of human rights of Dalits.

Dalits in local self-governance: Political rights denied

The political participation of Dalits in the institutions of Local Self - Governance is obstructed by the dominant caste structure built into both the State machinery and civil society. It is shocking to note the tendency to dislodge the heads of Gram Sabhas and Panchayats elected from Dalit communities. This is done in collusion with the officials of the district administration by fabricating false complaints of financial misappropriation. The Jury noticed the case of a Dalit woman Sarpanch in Gujarat, who was ousted by the dominant caste groups in collusion with the state officials. Such situations make a mockery of the reservation policy in local self-governance institutions.

In mainstream politics: Political apartheid

Dalits in India continue to live in an environment where their social, economic and cultural rights or basic needs, guaranteed by the Fundamental Rights read together with the Directive Principles of the Constitution, are disregarded. This is despite the fact that India is a signatory to the International Covenant on Social, Economic and Cultural Rights and the International Covenant on Civil and Political Rights.

Whenever Dalits have attempted to change the balance of power by contesting in elections under the banner of their own political parties, like in the case of the Dalit Panthers Party in Chidambaram Constituency in Tamil Nadu, their efforts were met with brutal violence and action by the ruling party alliance members, non-Dalit caste groups, the police and the State administration in order to negate their rights to be elected by a process of free and fair elections. This political apartheid in the country continues to be perpetuated despite India s ratification of the Convention on the Elimination of All Forms of Racial Discrimination.

Devadasi system: Dalit gender rights jettisoned

Despite having Article 14 of the Indian Constitution and having ratified the Convention on the Elimination of All Forms of Discrimination against Women, there is still widespread discrimination against and continuation of such abhorrent practices which degrade and defile the dignity of women. There is no serious attempt to abolish the Devadasi system in spite of the fact that some states like Andhra Pradesh have passed legislation to abolish this pernicious practice. In fact, this system continues to be perpetuated by caste Hindu groups in connivance with State agencies.

As a result, women continue to be still in slavery and are sexually exploited as in the case of Devadasis, most of whom belong to the Dalit community. What is worse is that the children of these Dalit women are exposed to this sexual exploitation and they have no option in life to escape from this system since neither education, nor any other form of awareness, nor any alternative means of livelihood are provided to them.

Within prison walls: Dalits are non-persons

Despite the fact that the Supreme Court has stated that prisoners are human beings and are entitled to human rights, Dalit prisoners have been treated as non-persons and have been subjected to, as one of the depositions from Tamil Nadu indicates, torture and cruelty in the jails by Jail Superintendents only on the basis of their caste.

Land rights denied - Land reforms made infructuous

Despite all legal protection, State agencies, police and caste Hindus collude to alienate Dalits from land and the State has completely failed in all cases to provide them land for both cultivation and housing purposes. Continuing land alienation is one of the important reasons for furthering the marginalisation of Dalits. Whatever land is possessed by Dalits is increasingly snatched away by the dominant caste economic interests.

There has not been any serious attempt by the State machinery to regularise the land tenure of Dalits or to provide land title deeds to land-holding Dalits. There is a great necessity for the State to educate not only Dalits, but also all sections of civil society including the caste Hindus, in order to safeguard the land-related rights of Dalits.

Bonded labour: Legislation flouted and system perpetuated

The system of bonded labour, though prohibited by the Bonded Labour System (Abolition) Act 1976, has continued for a long time. The State has neither taken effective measures to abolish bonded labour in practice or to rehabilitate the released bonded labourers whenever a few bonded labourers are symbolically released by the State.

Kambalapalli atrocities: Urgent State action for Rights Restoration

The barbaric act of killing seven Dalits in Kambalapalli in Karnataka took place with the connivance of the caste Hindu Reddys, the police, district administration and revenue officials. The pattern we observed is that after each such massacre the State has hardly taken any steps, as required of them by law, to give confidence to the people to go back to their villages and live in dignity and with security as regards their lives and property.

The Dalit witnesses from Kambalapalli village who came to depose before the Jury are living in fear and do not wish to go back to their own village. We therefore recommend that in all such cases, efforts are taken by the State and social organisations to enable Dalit victims to go back and live in their own villages and be supported with necessary facilities in order to continue their livelihood; to help them in restoring the loss of their houses and assets; and in cultivating their lands or in engaging themselves in any other remunerative occupations. It has become necessary that the Government should come forward and ensure protection for their return to the village with full security, and also provide adequate safeguards till such time as they are properly settled in their own villages. If the Dalits, who have been forced to leave their land, themselves feel strongly against returning to their villages, then they should be properly accommodated in places of their choice by providing them with suitable means of protection.

Dalit rights violators: Respond with stringent measures

The dominant castes which commit such atrocities should be made to pay a price by the State by way of attachment of their properties to the State or the same to be allotted to Dalits themselves so that such massacres do not occur elsewhere and at any time.

Despite the strict provisions of the SC/ST (Prevention of Atrocities) Act 1989, the granting of bail to the accused, who have committed atrocities against Dalits, cannot ensure a free trial, since the victims are normally terrorised by the dominant castes and the police into giving evidence in favour of the accused. Some of the cases brought to our notice attest to this fact.

Against caste and untouchability: State massive campaign a must

The Jury feels that since the caste system and untouchability are themselves causing these kind of tensions, deprivations and violence, it is important that both the Central and State Governments take up a massive campaign against the caste system and untouchability as a social practice unbecoming of a civilised society. This must be taken up as a national priority issue on a war footing.

Caste and untouchability: On par with racism and apartheid

We must say that the National Human Rights Commission as well as UN General Assembly should recognise that caste, as an institution in itself, is a source of gross violations of human rights. Therefore, it must be treated on par with the existence and operation of racism and apartheid. The caste system and the equally obnoxious practice of untouchability must be taken seriously by the Indian and International communities and administrative bodies.

The fraternity, equality and dignity of every Indian citizen needs to be protected. All sections of the population, particularly Dalits, should be brought into the national mainstream, to be the participants and beneficiaries of human rights as enshrined and mandated in and promised by the Constitution.

We have heard from the Dalit victims many cases of atrocities and violence committed against them. The following are our preliminary findings from some of these cases, to which we would like the State agencies to give serious consideration and accordingly respond with appropriate and urgent action:

Denial of Temple entry :

Temple entry is restricted only in the villages, not in the big cities. The temples in urban areas are managed by the Endowment Board, whereas the village temples are in the hands of specific caste communities.

Brutal effects of inter-caste marriages :

In cases of inter-caste marriage, the persons attempting such marriages are tortured and in some cases brutally put to death.

Kumher massacre victims  demands :

It should be placed before the Government of Rajasthan that the Report of the Inquiry conducted by Justice Lodha Commission be made public. Our suggestion is that in such cases of mass atrocities as in this incident, 75 % of the compensation should be given before the judgement, and the rest to be paid after the judgement.

Land for Dalits in Globalisation era :

Land reforms must be implemented. The surplus land should be given to Dalits on a joint ownership basis with women having equal ownership rights.

Demand of victims of Tsundur killings:

As prayed by the victims, the case should be tried in the Court where they feel free to depose.

Murder of Dalit boy in Kerala :

The parents are not satisfied with the version of the police. The investigation should be entrusted to CBCID as per the wish of the parents. The State must pay compensation. The matter must be brought to the attention of the National SC/ST Commission.

Three Dalits poisoned in Rajasthan :

The investigation of the case should be entrusted to the CBCID as the role of local police in the investigation is questionable.

Safai Karamcharis in Bombay Municipality :

The Bombay Municipal Corporation is ultimately responsible for its contract labourers. The Municipality should follow the directions of the High Court to abolish the contract system.

SOME OTHER GENERAL RECOMMENDATIONS

1. The Government should implement measures designed to ensure that states abolish the practice of untouchability in compliance with Article 17 of the Constitution, and should commit itself to taking effective steps to prevent further violence and to prosecute both state and private actors responsible for caste - motivated attacks on Dalit communities.
2. The Indian Government should fully implement the provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules, 1995.

In particular it should:

3. Ensure that each State constitutes and oversees state and district level vigilance and monitoring committees, as required by Rules 16 and 17 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules, 1995.
4. Ensure that each State establishes special courts in every revenue district and appoint special public prosecutors to try cases arising under the Atrocities Act.
5. Ensure immediate and full compensation is paid by the district administration to victims of atrocities as per the Atrocities Rules. The value of property destroyed and crops damaged should be included in the compensation schedule.
6. Statutorily empower the National Commission for Scheduled Castes and Scheduled Tribes to oversee implementation of the Atrocities Act in all states. It should strengthen the capacity of the National Commission for Scheduled Castes and Scheduled Tribes to operate legal cells and open branch offices in all the states with adequate financial resources and powers to initiate prosecution of cases. As recommended by the Commission, the Government should amend Article 338 of the Constitution to empower the Commission to issue directions for corrective action and to implement its findings.
7. Ensure appropriate implementation of the Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993, including prosecution of officials responsible for the perpetuation of the practice and non-rehabilitation of affected scavenger communities, the majority of whom are Dalits.
8. Implement measures designed to ensure that states are in compliance with Article 45 of the Constitution (read together with the Supreme Court decision), which mandates free and compulsory education for all children up to the age of fourteen. Primary education is the first step in breaking the cycle of discrimination and caste-based employment. The Government should incorporate laws relevant to Dalits and women into school curricula, including education on the Prevention of Atrocities Act, 1989 and the Protection of Human Rights Act, 1993.
9. Implement the recommendations of the 49th session of the Committee on the Elimination of Racial Discrimination (CERD). In particular, the Government should implement the recommendation that "special measures be taken by the authorities to prevent acts of discrimination towards persons belonging to the Scheduled Castes and Tribes, and in cases where such acts have been committed, to conduct thorough investigations, to punish those found responsible and provide just and adequate reparation to the victims." As per the Committee recommendations, its findings should be made available to the public in the local languages.
10. Take immediate steps to prevent further violence, social boycotts, and other forms of discrimination against Dalits and to investigate and punish those responsible for attacks and acts of discrimination in affected districts. Any officials or members of the police who fail to respond to repeated calls for protection from villagers, or fail to prosecute acts of violence or discrimination, should also be prosecuted.
11. Take decisive steps to ensure that police do not conduct raids on villages or engage in arbitrary and unlawful destruction and seizure of property in response to caste clashes. Police involved in such activities should be promptly investigated by an independent judicial body and prosecuted accordingly.
12. From the declared surplus land under the Land Ceiling Act, distribute a minimum of five acres of cultivable land to each Dalit household within three years. Encroachments on Dalit lands should be removed. Land should also be allocated to them for the purposes of economic activities required by them.
13. Enact a comprehensive Agricultural Workers Act to provide job security, better working conditions and welfare measures to agricultural labourers, including separate facilities for Dalit women agricultural labourers.
14. Local government is a constitutionally - based government. Elected Dalit representatives to local government bodies must be given required support and protection to enable them to function effectively.

Date : 19 April 2000

Place : Chennai.

NOTE : This is the interim document of the Jury prepared during the National Public Hearing and released at the Press Meet at Chennai on 19 April 2000. The final document in detail will be released later by the Jury.