WUNRN
International Dalit Solidarity
Network
As a
result of the "temple movement" in Nepal Dalit women can now enter
the Shaileswori Temple in Silghadi. But still they cannot reach the most inner
and holy shrine. Photo: Jakob Carlsen.
_____________________________________________________________
"Dalit women face three-fold
discrimination: They are poor, they are women, and
they are Dalits."
Human
Rights Of Dalit Women
______________________________________________________________________
UN International Convention on the Elimination of All Forms of Racial Discrimination
_________________________________________________________________________
A Joint
Statement by the Asian Human Rights Commission and The International Dalit
Solidarity Network
ASIA:
South Asian organisations must be more active against caste based
discrimination
Human rights
organisations working against caste based discrimination in the region must
engage in debates on the need for a comprehensive UN framework to tackle caste
based discrimination and should encourage affected governments to support such
initiative at the UN level. This is the response from the Asian Human Rights
Commission and The International Dalit Solidarity Network to the recent media
attention following a parallel meeting at the 12th session of the Human Rights
Council.
There have been several attempts by institutions, for instance the UN, to address
the problem of caste internationally. However, there have so far been very few
effective interventions to address caste based discrimination internationally
owing to political pressure and regional dynamics.
International attempts to recognise caste discrimination as a human rights
violation have been 'diplomatically softened' owing to objections mostly by
governments, particularly by the Government of India. Of particular relevance
is the objection by India to consider caste based discrimination as a form of
blatant human rights violation coming within the sweep of international
instruments, for instance, the International Convention on
the Elimination of All Forms of Racial Discrimination (ICERD). India,
Nepal, Sri Lanka, Pakistan and Bangladesh are parties to this convention.
Of the five countries, India has remained the most active opponent of having
caste based discrimination included within the scope of the ICERD. The
convention in its sweep however cover caste based discrimination as a form of
human rights violation based on descent. India's leading role in lobbying
states against this view has been a subject of criticism within India.
On September 16 however, Nepal broke the ranks of states opposing the
consideration of caste based discrimination as a serious human rights violation
within the sweep of international human rights law. In a parallel event
organised at the UN in Geneva, sponsored by The International Movement against all
forms of Discrimination and Racism and co-sponsored by Human Rights Watch,
Anti-Slavery International, Minority Rights Group International, The Lutheran
World Federation, The World Council of Churches and Pax Romana/ICMICA in
association with the International Dalit Solidarity Network, Nepal's State
Minister for Ministry of General Administration, Mr. Jeet Bahadur Darjee Gautam
said that his county welcomed the idea that the proposed draft principles and
guidelines sponsored by the UN, would augment collective efforts of the
international community, regional and international mechanisms, the UN and its
organs, international civil society and the private sector to contribute to the
elimination of caste based discrimination. The proceedings of the event and ensuing
debates are available here.
Soon an article appeared in The Times of India titled 'UN set to
treat caste as human rights violation'. While the article is slightly
misleading, since caste based discrimination is already considered as a form of
human rights violation in international law, it speaks about the possibility of
Government of India's objections of bringing caste based discrimination as a
subject for international debate, especially at the UN. In addition, the BBC World Service aired a
50 minute live radio debate on caste discrimination on September 29. A BBC
blog has been established to debate further on this issue. This has created
a vigorous debate on the internationalisation of the issue of caste based
discrimination with contributions from all over the world. Another interesting
debate is taking place on the Readers'
Opinions page of The Times of India.
The response by the Government of India regarding this debate is eagerly
awaited. But chances are, instead of viewing caste from a wrong point of view
as a tool for 'Indian bashing' the government will show its maturity by contributing
positively towards addressing the centuries-old practice of caste based
discrimination. India's Prime Minister, Dr. Manmohan Singh, has repeatedly
expressed his view, that he and his government condemn caste based
discrimination.
On September 7, Dr. Singh while inaugurating a new scheme intended for the
Scheduled Castes in India, the Pradhanmantri Aadarsh Gram Yojna, said
that much more need to be done at the domestic level on prevention of manual
scavenging and the rehabilitation of manual scavengers. Manual scavenging is an
evil practice in India rooted in caste based discrimination, where members of
the Dalit communities are forced to work as manual scavengers.
While waiting for a response from other states in the region, particularly
India, regarding the debate triggered off by the statement made by Mr. Jeet
Bahadur Darjee Gautam on September 16, it is important for human rights
organisations working against caste based discrimination in the region to make
use of the new momentum to engage in debates against caste based
discrimination. Such participation will further encourage the Government of
India to take a positive position on the issue and support the initiative at
the UN.
Caste discrimination ¡V in context
Caste based discrimination is one of the worst forms of human rights violation
known to humans. The widely accepted period of the origin of the inhuman
practice dates back at least three thousand years. It is still actively
practiced in societies following religious hierarchy, particularly among the
Hindus. For this reason, the practice is mostly concentrated in regions
influenced by the Hindu religion, in particular, countries like India, Nepal,
Sri Lanka, Pakistan, and Bangladesh.
The concept of caste is stratification of society based on purity of origin and
thus duties defined by birth to a particular caste group. It is a defining tool
to cast obligatory duty on people that could not be taken away. The worst form
of discrimination in caste is the practice of untouchability. Those who are
worst affected by caste based discrimination are the members of the lowest
group in the Brahminical hierarchy, including those considered to be outside
the four Varna system of caste. This large group, more known as
Dalits, is estimated to be slightly more than 250 million in number globally.
The closest comparison to discrimination based on caste is slavery. Caste based
discrimination is however worse than slavery. This argument is crystallised in
Dr. B. R. Ambedkar's statement comparing caste and slavery when he said, "[n]either
slavery nor untouchability is a free social order. But if a distinction is
made, and there is no doubt that there is distinction between the two, the test
is whether education, virtue, happiness, culture and wealth is [sic] possible
within slavery or within untouchability. Judged by this test it is beyond
controversy that slavery is hundred times better than untouchability. In
slavery there is room for education, virtue, happiness, culture or wealth. In
untouchability there is none". Dr. Ambedkar is the father of the
Indian constitution.
Within India, there have been continuous attempts to address the problem of
caste based discrimination. For instance, the practice of untouchability is
prohibited in the constitution. The Protection of Civil Rights Act, 1955 and
the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989
criminalises untouchability, social ostracism based on caste and various other
forms of caste based discrimination. The courts in India have also on several
occasions adjudicated issues based on caste, often in favour of the Dalits and
other lower caste groups. However, the practice of caste based discrimination
still continues in India.
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