Dalits / Aborigines


India growing? It’s not showing, Country unable to break out of class of laggards in UN assessment

The world’s second highest economic growth rate has not yet helped India hoist itself away from its customary position in the global development report card.

The Human Development Report for 2007-08 released by the UNDP today ranked India 128 out of 177 countries, working it out through measures of life expectancy, education and income.

India’s human development index (HDI) of 0.619 puts it just below Equatorial Guinea (0.642) and Solomon Islands (0.602). India’s life expectancy of 63.7 years is sandwiched between Comoros (64.1) and Mauritania (63.2), while Malawi and Rwanda have higher adult literacy than India.

The report found that India’s GDP per capita (purchasing power parity) is $3,452, far below China’s $6,757.

Iceland is at the top with Norway, Australia, Canada, Ireland, Japan, France, the US, the UK, Israel, and Singapore among the top 25 nations in the development chart.

India was ranked 126 by the HDR 2006, a rung higher than the previous year’s 127. This year, it continues to be dubbed a country at medium level of human development.

An economist said he was not surprised that the country’s impressive economic growth rate — only China’s growth surpasses India’s 9 per cent — was not reflected in the human development report.

“Our growth has been lopsided, and has not yet percolated to the masses,” Shyama Prasad Gupta, an economist and a former member of the Planning Commission, said,

India’s richest 20 per cent account for about 31 per cent of the share of income or expenditure, while the poorest 20 per cent account for around 8 per cent, the report said.

“We have two countries in one,” said Abhay Shukla, senior programme coordinator with Sathi-Cehat, a non-government organisation engaged in health and development issues.

The report has ranked India 62 among 108 developing countries in its human poverty index which measures severe deprivation in health in people who are not expected to survive age 40.

“We’re witnessing something called development polarisation. About 20 per cent of the population is showing low mortality and low fertility, key features associated with development, but in the rest of the population we don’t see this change in any significant way,” Shukla said.

The UNDP report suggests that India’s commitment to education measured through public spending dropped from 12 per cent of total government expenditure in 1991 to 10 per cent in 2005.

India’s public spending on health is only 0.9 per cent of its GDP, a fraction of 8.3 per cent in Iceland, 6.9 per cent in the US, 7 per cent in the UK, and lower than China’s 1.8 per cent.

Full report is here http://hdr.undp.org/en/statistics/

For some time now and especially after publication of Sachar Committee Report Muslims put much emphasis on acquiring modern education. In rapidly globalized economy of India, education was promised to be the key to a brighter future for Muslim kids.

A recent study, however, finds that getting a call for interview can be reduced to as much as 33% for a candidate with Muslim names compared to an equivalent-qualified candidate with high caste Hindu name.

Study was lead by Chairperson of the University Grants Commission Prof. Sukhdeo Thorat and Paul Attewell of City University of New York. Beginning in October 2005 and lasting 66 weeks the study involved responding to job advertisements appearing in national and regional English newspapers with sets of resumes that were similar except for names. For each advertised position researchers sent applications with identical qualifications and experience that differed only in names. There was no explicit mention of caste or religion but names were easily identifiable as upper caste Hindu name, Dalit or Muslim names.

Only private companies were targeted and jobs that required little or no experience. In 66 weeks, researchers sent 4808 applications in response to 548 job advertisements. A call for interview or for a written test was considered a success for that application. Researchers were looking to see if chances of receiving an interview call are same for a high caste, a Dalit and a Muslim name.

Two statistical methods on the data resulted in a similar outcome. One method suggested that odds for a Dalit name is 0.67 and for a Muslim name is 0.33 to receive an interview call as compared to an equally qualified applicant with a high caste Hindu name. Another method gave the odds 0.68 and 0.35 for Dalits and Muslims, respectively. Both statistical models results are statistically significant which means that it is highly unlikely for this to happen by random chance.

The researchers concluded that “having a high-caste name considerably improves a job applicant’s chances of a positive outcome” adding that “on average, college-educated lower-caste and Muslim job applicants fare less well than equivalently- qualified applicants with high caste names, when applying by mail for employment with the modern private-enterprise sector.”

This is not surprising; Sachar Committee also found that private sectors had a dismal representation of Muslims. Sachar Committee recommended sensitizing private sector about diversity in their work force and suggested boosting Muslims recruitment through positive discrimination and affirmative action. Sachar Committee Report proposed the idea of an incentive based ‘diversity index.’

Sachar Committee Report also noted that “our data shows when Muslims appear for the prescribed tests and interviews their success rate is appreciable. This applies both to the public and private sector jobs.” But the present study suggests that any Muslim has about one third of a chance for landing that test or interview compared to a high caste Hindu.

Thorat and Attewell in their research article published in October 13th, 2007 issue of Economic and Political Weekly write that despite legal safeguards when a social group remains backward then it is blamed on group’s low level of education. These two who have been studying discrimination in United States and India states that discrimination is not acknowledged in a modern capitalist economy.

This study conclusively proves that there is discrimination in corporate India against Dalits and Muslims, with Muslims suffering the most.

“These were all highly-educated and appropriately qualified applicants attempting to enter the modern private sector, yet even in this sector, caste and religion proved influential in determining ones job chances,” researchers commented.

twocircles 

An Open Secret

Enabled by a booming sex trade, an open border with India, and weak enforcement from government, more than 200,000 Nepali women are trafficked and sold into sex work every year. But even in the face of a new anti-trafficking law, trafficking networks have become more sophisticated and much of the population here views the problem as commonplace. BY TARA BHATTARAI

KATHMANDU, NEPAL — “Be alert! You might be sold and your life ruined,” warns a poster hanging on the wall of Maiti Nepal, one of seven nongovernmental organizations here working to prevent human trafficking and providing rescue and rehabilitation services to women and girls who have been trafficked and sold into prostitution.

This big and bright room at the center of the Maiti Nepal offices is adorned with posters, pictures and slogans that aim to build awareness about the unrelenting problem of female sex trafficking in Nepal. Today, there are tables and chairs set up on the right side of the room where two information officers busily provide information to the center’s many visitors. In the opposite corner a large bookshelf is neatly packed with books, most about the horrors human trafficking. A ceiling fan was whirls incessantly, throwing cool air throughout the room.

Geeta Tamang, 24, a petite woman with a round face, almond shaped eyes and a wide smile entered the room with a tray of tea for the visitors. Tamang has lived and worked at Maiti Nepal since 1997 when she was rescued from a brothel in the Indian city of Pune.

Tamang, who is from Nuwakot, a neighboring district of Kathmandu, was sold into the sex trade when she was ten years old. She was forced to work as a prostitute for more than four years before a team of investigators from Maiti Nepal rescued her.

From the start, Tamang led a troubled life, but she says she never dreamed she would end up in a brothel.

Tamang was the only child born to a blind mother and an ailing father, who died when she was 3 years old. Poverty and her mother’s condition left Tamang to bear the responsibility of providing for her family. She says as a small child she used to work as a daily wage laborer in her village. Neighbors employed her with petty tasks like fetching grass for cattle, firewood, water and other household chores. For this, she was paid with rice and other daily essentials.

When Tamang was ten, her mothers’ sister, Laxmi, visited the village. Laxmi told the young Tamang that little girls shouldn’t have to work so hard. She assured the 10-year-old that she could work less and earn better wages in Kathmandu. Tamang says she was thrilled by the idea of living the city life. She fantasized about riding buses and she hoped her aunt would buy her fancy clothes and give her with food and shelter. Tamang says her mother also hoped for more for her daughter, so she sent her with her aunt, hoping she would have a chance at a better life.

With excitement, Tamang says she followed Laxmi to Kathmandu. “But my aunt tricked me,” she said. “She sold me to a brothel in India.”

“My aunt said, we would reach Kathmandu after a few days. But on the fourth day, I was taken into the brothel,” she recalled. Her body swelled with emotion as she recalled her first days in the Indian brothel. ” I trusted her blindly thinking she is my kith and kin but she ruined my life by selling me there,” Tamang said.

Every year, thousands young Nepali girls, like Tamang, are lured and sold into brothels in Bombay, Calcutta, Pune and other Indian cities. A report published by a local non-governmental organization that works against women trafficking, ABC Nepal, reported in 2003 that there are as many as 200,000 Nepali women trafficked in India and forced into the sex trade every year. A 2007 report of Child Workers in the Nepal Concern Center, (CWIN), reported that the number of young girls, between the ages of 10 and 16, trafficked into the Indian sex trade can number as many as 7,000 annually.

The three open crossing points along the southern border of Nepal coupled with India’s booming sex trade, it is no wonder that at least half of the 200,000 women trafficked out of Nepal end up in Bombay alone. The other half ends up in other major Indian cities. According to an article published in the August-September 2005 issue of the reputed Nepali magazine Himal, the demand for Nepali women is high in brothels in India as clients are said to favor their fair complexion, soft nature, and unique beauty.

Brothels typically pay as much as $1,700 USD for a beautiful Nepali woman, who can, according to the Himal article, earn brothel owners upwards of $50,000 USD over five years, the average work span of a prostitute.

Of course, the women in the brothels don’t see any part of their earnings. Tamang says brothel clients pay the owner for fixed increments of time before meeting the girls. She says she was never told how much a client paid for her. When clients would tip her extra money after sex, Tamang says it was taken from her. “No matter how many clients I had sex with, I never got a single penny. When some clients used to give me extra money, Didi, [the brothel owner,] used to search my wardrobe and take it from me.”

Trafficking Nepali women across the border to India for sex work is an open secret here. The shocking frequency has made the reality of trafficking almost commonplace.

Like so many others, Tamang’s journey to an Indian brothel was tragic, but also typical. In 2000, a United Nations study reported that women are most often sold into Indian brothels with the lure of promising a better life.

When Tamang and her aunt reached Pune, she was dropped off at a brothel called The Purana Welcome in the Budhabaarpet neighborhood of the city.

Tamang remembers being left with a woman addressed only as Didi, the traditional greeting for elder sister. She was told her aunt would be back for her the next day. But by the evening of the next night, it was clear Laxmi wasn’t coming back for her. “The [Didi] said, ‘You have already been sold here and now you cannot [leave] unless you pay the amount I have paid for you.’”

Tamang was sold for 70,000 rupees, about $1,600 USD. “My aunt had already sold me for prostitution but until then I didn’t even know that I was sold and for what kind of work,” Tamang said.

The reality of Tamang’s new life soon became clear. She was ten years old, alone, and living in a building with a red light constantly glowing outside.

The Purana was in a multi-level bungalow style building. Small shops with shutters occupied the ground floor. The higher floors were made up of small, dark rooms with five or sex beds, separated by curtains. Tamang says the place was always busy, with many men coming and going at all times of the day.

Tamang says she cried continuously during her first days in the brothel. She soon met many other Nepali women who had also been sold there. In all, the brothel was filled with more than 70 women, at least 40 were Nepali.

During her first days at the Purana Tamang tried to escape, but was unsuccessful. When she was caught the first time, the Didi beat her and locked her in a room without food for days. She says she tried to escape again and again, but never managed to because the brothel was heavily guarded.

Tamang said she continued to rebel against the Didi and refused to accept her new life. For her rebellion she was beaten and tortured. Tamang said she finally chose to accept her new life after the Didi brought a group of five men into her room. They held her down and gang raped her until she fainted.

When she awoke, the Didi told her she would be raped time and again until she agreed to comply with the customer’s wishes and the Didi’s demands. “I finally knew I couldn’t win the battle. I realized I had no other option but to resign to my fate,” she said.

From her eighth day in the Purana Welcome brothel, she was trained on how to satisfy the customers. The Didi taught her how to have sex, oral sex and to stimulate her clients by touching and fondling them. She was asked to persuade her clients to use condoms, but not to pressure the ones who did not want to use one.

At the Purana, her day started at 11 a.m. and ended late at night. She lived in a small room that she shared with six other women. Clients would come into the room and were allowed to choose which woman they wanted. Tamang says the dirty, flimsy curtains between the beds were pulled closed while having sex.

Like most brothel owners, the Didi at the Purana was not selective about the clients she let in. As a result, violence was common. Tamang remembers many instances of being beaten by clients. “One day, a ferocious looking man came [to my room]. He beat me and pulled my hair. He burned my hand with the butt of a cigarette,” she said, showing the scar on her right hand.

Tamang’s daily routine was torturous. “I had to have sex with [as many as] 40 men some days. Even during the days when it was less crowded in the brothel, I had to take care of at least 15 clients.” Tamang says during periods when there were festivals in the city the brothel was overcrowded with demanding clients. “Sometimes after going to the toilet to urinate, I didn’t even get the time to put my undergarments back on before the next client entered my room.”

Sickness and infections were common for the women in the brothel. “I used to have pain in my vagina while having sex with clients. It used to be painful even to urinate. If we told the Didi, we could not have sex on some days, the clients used to complain to the madam and we would be beaten. So I had to show my artificial smile and somehow satisfy the clients,” Tamang said.

Because condom use was infrequent in the brothel AIDS and pregnancy were routine. Tamang says many clients visiting the brothels refused to use condoms. And when women in the brothel got pregnant the Didi would take them to a local clinic where she had a contact who performed abortions. After an abortion in the morning, Tamang says, it was common for those women to be forced to take clients by the evening.

According to a 2004 study done by Family Health International, an international NGO, 50 percent trafficked sex workers in India are infected with HIV/AIDS. “Maiti Nepal rescues about 60 girls and women each year from India, among which 30 to 60 percent are HIV infected,” confirmed Sarita Baskota, an information officer at Maiti Nepal.

Tamang lived and worked at the Purana Welcome for just over four years. She was rescued in 1997 when a team of Maiti Nepal investigators launched a rescue operation in several brothels in Pune, with the help of Indian police. The rescue team along with the police raided four brothels there. Tamang was one of the lucky ones. In all, 20 girls were rescued from brothels and brought back to Nepal after the raid. Maiti Nepal provided counseling, shelter and employment to all of the women who were rescued. The center also helped to press charges against those who were involved in girls trafficking.

After her rescue, Tamang and a group from Maiti Nepal visited her home village in search of her aunt Laxmi, with the hopes of arresting her for trafficking Tamang four years earlier. But when they reached Tamang’s childhood home, her mother informed her that her aunt never returned to the village after she took Tamang.

Law enforcement officials here acknowledge that it is often difficult to press charges against traffickers, as many are family members or friends of the women they sell. Most often, studies show, traffickers promise better employment or marriage to lure young women away from their families. A UN study done in 2000 revealed, unsurprisingly, that illiteracy, poverty, and family problems are the major reasons for trafficking.

According to the 1986 Human Trafficking Prevention and Control Act of Nepal, anyone convicted of selling humans are subject to 10 to 20 years in prison. And anyone caught forcing women into prostitution are subject to 10 to 15 years in prison. The law, however, has no provisions to punish intermediaries who purchase women for the purpose of trafficking.

Experts here say the law was insufficient in other ways, as it also lacks a provision to mandate compensation and rehabilitation for trafficking victims.

Under pressure from local and international NGOs, the interim parliament here, which has been in power here since January 2007, passed the New Human Trafficking Control Act on July 18, 2007. In the new act, prostitution and trafficking are further criminalized and provisions are made for awarding compensation and rehabilitation to victims. Advocates say the new law includes other important additions, like more stringent punishment to the public officers who help in trafficking. (Research shows that local police are often complicit in assisting traffickers.)

While the new law is a positive step toward addressing the problem of women trafficking in Nepal, the law alone does not guarantee that the problem of trafficking will be resolved, especially as enforcement resources are minimal. Women’s rights activist and member of parliament representing Nepal Communist Party (UML), Urmila Adhikari says, “We had [an] anti-trafficking law in the past but it failed. The fate of new law will also be the same if it is not enforced effectively.”

As human trafficking has emerged as one of the most pressing and devastating human rights issues in Nepal over last decade, government officials, advocates and police agree that legal enforcement has not been effective. Anti-trafficking campaigners say the human trafficking act is one of the most poorly enforced laws in Nepal. According to the women’s police cell, a wing of police department that investigates and prosecutes crimes against women, 128 people involved in acts of trafficking were arrested between 2006 and 2007. Among those, police filed charges in only 97 cases. In the previous year, between 2005 and 2006, 393 cases were filed, 243 of which are still under investigation. Since 2005, an estimated 400,000 women have been trafficked to India and only 87 people have been penalized for acts of trafficking. The court dismissed sixty cases last year.

Yuvraj Sangroula, a local attorney and director of the Kathmandu School of Law, says, “Weak Nepali laws and ineffective enforcement has served to encourage trafficking. The culprits have grown confident that the legal system will not punish them.”

Nepal is also party to dozens international legal instruments, including the Convention on the Elimination of all forms of Discrimination against Women, CEDAW, 1979, which strictly prohibits girl trafficking. However, the implementation and enforcement of these legal instruments and treaties are also weak here. Sangroula says he blames lack of political will and commitment to stop trafficking. Other issues, like the open border between India and Nepal, also fuels the trafficking trade. “Trafficking is very easy because of open border between India and Nepal as there is no effective mechanism to regulate the 1,740 mile open border between the two countries,” said Sangroula.

Baskota, the information officer at Maiti Nepal, agrees. She says that because of the open border between the two countries there is no way to detect and apprehend traffickers as they cross into India. “Since Nepal and India share open border and no official papers are required to cross the border, the brokers take advantage [of this],” she said.

Ritu Raj Bhandari, the joint-secretary of the Ministry of Women, Children and Social Welfare in Kathmandu, says girls trafficking is a disgrace to the whole nation. He says he realizes that the government has not been able to do much to help solve the problem. “Government lacks enough budget, manpower and enforcement mechanisms to implement the laws,” he said.

Publicity around the issue of human trafficking is increasing, as are the number of organizations dedicated to stopping trafficking here.

Still, the reality of trafficking remains grim. Even with tougher laws and international pressure, trafficking is a major source of income here and penetrating trafficking networks can be almost impossible. Officials at Maiti Nepal, say traffickers work in highly sophisticated networks of organized crime. Many women are sold by their families into complex trafficking rings, so it is often difficult to pinpoint the source of a sale. Moreover, as technology and communication systems develop here, ways to lure, transport and sell victims has also changed.

Baskota, of Maiti Nepal says, in the past, traffickers used to mail photographs of the girls to be trafficked to brothel owners for their approval. Now, photos are commonly emailed and traffickers and brothel owners are known to communicate via cell phone and text messaging to speed sale arrangements.

As questions over technology, enforcement, and border issues remain at the forefront of the trafficking debate, many advocates here choose to focus on rehabilitation instead. Tamang is one of 55 women who has been rescued from an Indian brothel and then reintegrated into society by Maiti Nepal, which is funded by international donor agencies and INGOs.

But even rehabilitation statistics are bleak. Research indicates that as many as 40 percent of women rescued from brothels return to prostitution because they are shunned by family and society.

Experts and advocates say that rehabilitation for trafficked victims will go a long way toward decreasing social stigma, increasing awareness, and changing the quiet acceptance of the problem.

For Tamang, who has been out of the brothel for ten years now, says her life is finally getting back on the right track. “After spending a hellish four years and losing everything I had, I am now back,” she said. Today Tamang says her life is dedicated to giving voice to other victims “Many other women like me are still being victimized and their pains remain unheard of.”

Press Institute for Women in the Developing World September 26, 2007

  • 394.9 million workers (86 per cent of the working population) belong to the unorganized sector
  • 316 million workers live on less than Rs. 20, or $ 0.49, a day.
  • 88 per cent of the Scheduled Tribes and the Scheduled Castes, 80 per cent of the Other Backward Classes and 85 per cent of Muslims belong to this category of people living on less than Rs. 20 a day.
  • 90 per cent of agricultural labor households are landless or have less than one hectare of holding*
  • agriculture is getting feminized with 73 per cent women being associated with it compared to 52 per cent men.

NEW DELHI: An overwhelming 79 per cent of workers in the unorganised sector live with an income of less than Rs. 20 a day, according to the National Commission for Enterprises in the Unorganised Sector (NCEUS).

A report on “Conditions of Work and Promotion of Livelihoods in Unorganised Sector,” released by the Commission here on Thursday, says over 394.9 million workers (86 per cent of the working population) belong to the unorganised sector and work under “utterly deplorable” conditions with “extremely few livelihood options.”
“Poor, vulnerable”

The report says that 88 per cent of the Scheduled Tribes and the Scheduled Castes, 80 per cent of the Other Backward Classes and 85 per cent of Muslims belong to the category of “poor and vulnerable,” who earn less than Rs. 20 a day.

In 2004-05, a total of 836 million (77 per cent) had an income below Rs. 20 a day.

Landless

Households of the small and marginal farmers account for 84 per cent and are forced to spend more than they earn and are under debt, while 90 per cent of agricultural labour households are landless or have less than one hectare of holding.

The conditions in the non-agricultural sectors are no better with 21 to 46 per cent of men and 57 to 83 per cent of women being employed as casual workers, who get less than minimum wages.

As per the survey, the latest trends indicate that agriculture is getting feminised with 73 per cent women being associated with it compared to 52 per cent men.

The NCEUS attributes the plight of the unorganised workers to a lack of comprehensive and appropriate legislation and the absence of targeted programmes.

Inadequate

Where laws exist, the Commission finds their implementation inadequate. Also, they are seldom focussed on unorganised workers.

Releasing the report, NCEUS Chairman Arjun Sengupta said the panel had recommended a Rs. 45,000-crore action plan for the overall improvement of the unorganised sector.

Aug 10, 2007, Hindu

LEFTYPROF

DALLIPUR, India — The hip young Indians working inside this country’s multinational call centers have one thing in common: Almost all hail from India’s upper and middle castes, elites in this highly stratified society.

India may be booming, but not for those who occupy the lowest rung of society. The Dalits, once known as untouchables, continue to live in grinding poverty and suffer discrimination in education, jobs, and healthcare. For them, status and often occupation are still predetermined in the womb.

While some Indians had hoped urbanization and growth would crumble ideas about caste, observers say tradition and prejudice have ultimately prevailed.

“There’s talk of a modern India. But the truth is India can’t truly move ahead with caste in place,” said Chandra Bhan Prasad, a Dalit writer and specialist on India’s caste system. “In all ways, it’s worse than the Jim Crow laws were in the American South because it’s completely sanctioned by religion. Despite so many reforms, the idea of untouchability is still very much a part of Indian life.”

As India’s economy surges, one of the country’s most serious and stubborn challenges is how to combat entrenched caste prejudice. Dalits, along with other “backward” castes, make up the majority of India’s 1.1 billion people, and social scientists worry that these groups are being left behind.

The contrast between the gleaming call centers of rising India and the abject poverty that is the reality for many Dalits is all too obvious in Dallipur, an impoverished village on the outskirts of Varanasi in Uttar Pradesh state.

Without electricity, paved roads or running water, the hamlet is home to landless Mushars, the lowest social stratum of Dalits, who work as shoe shiners, trash pickers, toilet cleaners, and street sweepers.

Amid the straw and mud villages, two children died of starvation last year — not for lack of food in the area, but as a result of prejudice.

Chandrika, a 24-year-old Dalit mother, recalled carrying her crying 2-year-old son and her weak 20-month-old daughter to a nearby health center. There, she pleaded for a card that would allow her malnourished children to receive free milk.

But before the nurses could examine her children, she was mocked and shooed away by doctors, who told the young mother to go beg in the market.

“They said again and again, ‘We don’t want to see you Dalits here bothering us,’ ” said Chandrika, a thin, dark-skinned woman who wept as she recounted how her children died. “My milk had dried up from stress. There was no work for me. There was no one to hear my plight.”

Local government leaders who came to investigate her children’s deaths insisted that the shy mother and her fellow villagers build a raised concrete stage — Dalits could be addressed by upper castes only from a higher platform, Chandrika and other villagers were told. The 3-foot-tall dais remains in Dallipur today, the only outcome of the investigation.

By virtue of birth, some castes inherit wealth; the Dalits inherit debt.

Caste often determines Indians’ spouses, friends, residence and, most important, occupation — part of a Hindu belief that people inherit their stations in life based on the sins and good deeds of past lives.

Some Indians believe that the spread of capitalism in urban areas has in some ways dissolved caste by creating new occupations and eliminating obsolete ones. For instance, with the growing use of flush toilets in Indian cities, the disposal of human waste, once a job for Dalits, is now done with a simple pull of a lever.

In booming evening bazaars in Mumbai and New Delhi, lower castes sell cellphones, leather tennis shoes, and grooming kits from small shops and curbside pushcarts alongside higher castes, with everyone “in a capitalist rush to make money,” said Prasad, the writer. “A lower-caste businessman may even enjoy an evening cigarette with a higher caste, completely taboo even 50 years ago.”

Prime Minister Manmohan Singh recently compared India’s caste system to apartheid in South Africa, calling it not just prejudice but “a blot on humanity.”

Critics say that such statements are simply meant to garner votes from lower castes and that any gains made by Dalits have been marginal.

“India is not a true democracy,” said Anup Srivastava, a researcher with the People’s Vigilance Commission on Human Rights in Varanasi who is investigating complaints filed by Dalits about discrimination among neighbors, in schools, at hospitals and at work. “The country is independent. But the people aren’t. How can there be a democracy when there are still people known as untouchables who face daily discrimination?”

Copyright 2007 Globe Newspaper Company.

Emily Wax, Washington Post July 5, 2007

Bangalore: The acquittal of all the accused in the Kambalapalli massacre in which seven Dalits were burnt to death is not an exception. The Karnataka State Commission for the Scheduled Castes and the Scheduled Tribes has found that the accused in 98 per cent of cases of atrocities against Dalits were allowed to go scot-free. The reason: witnesses do not turn up for fear of being attacked.

This was disclosed by commission Chairman Nehru C. Olekar at a press conference here on Tuesday after a meeting with representatives of various Dalit organisations. The commission sought their views on the condition of the people from the Scheduled Castes and Scheduled Tribes in the jurisdiction of the Bangalore Zilla Panchayat.

Mr. Olekar said the commission would recommend to the Government to provide security to witnesses. However, around 10 per cent of complaints of atrocities were found to be false. There were around 500 cases of atrocities pending in each district.

Strangely, the commission had hardly come across cases of Dalits being ostracised. Three such cases had been reported in the State, including two in Kolar district.

He said 446 atrocity cases were reported in five years in Bangalore Rural district. The taluk-wise break up is: Channapatna – 32, Devanahalli – 44, Doddballapur – 22, Hoskote – 133, Kanakapura – 88, Magadi – 47, Nelamangala – 143 and Ramanagaram – 43.
Confirmation

Mr. Olekar said the commission had taken up the case of confirmation of the services of municipal cleaners (pourakarmikas) in the State with the Legislature Committee on Scheduled Castes and Scheduled Tribes. The working conditions of the municipal cleaners in the Bruhat Bangalore Mahanagara Palike (around 8,000) were so bad that they were paid just Rs. 1,200 a month, whereas their counterparts in the Gulbarga City Corporation were paid Rs. 4,900. He said the Government would be asked to stop hiring cleaners through contractors. Instead the workers should be paid directly by the civic body.
Regularisation

Another serious problem Dalits were facing in the State was the inordinate delay in the regularisation of unauthorised cultivation by them on government land. Each district had 2,000 to 3,000 such cases that had pending for years.

He said the Government would be asked to regularise such cultivation, barring those on forest land.

Mr. Olekar expressed displeasure over the absence of the Deputy Commissioner of Bangalore Rural district from the meeting. He would write to the Government to take action against the official, he said.

Some Dalit organisations had complained that beneficiaries were not getting subsidies, the Chairman said. The Government would be asked to build one hostel in each of the eight taluks in the district to accommodate post-matric students. The Government would also be asked to remove youths staying in hostels for Scheduled Castes and Scheduled Tribes, who were not students.

The commission would ask the Government to conduct a Statewide survey on the academic performance of students staying in such hostels. This was to refute the criticism that they were enjoying government largesse without improving their academic performance.
Internal quota

Mr. Olekar supported the demand of organisations representing people from the Madiga, Bhovi and Korama communities for internal reservation to prevent a few influential sections among the Dalits from cornering all the benefits.

The Commission had so far visited 12 districts and would be visiting the other districts. It would give its report to the Government before August 20, he said.

July 04, 2007, The Hindu

Dalits in Gujarat eclipsed under Modi: Meira

Claiming that the Dalits were “eclipsed” under the present dispensation in Gujarat, Union Social Justice and Empowerment Minister Meira Kumar on Monday criticised the Narendra Modi-led government for the “atrocities” meted out against Dalits and other backward sections of the society.

“The present government in Gujarat has a poor track record in tackling crimes against the backward sections of the society,” Kumar said addressing the day-long ‘jan-mitra shibir’ (conference of party workers) organised by the scheduled caste cell of Congress.

She claimed that Dalits were “eclipsed” in Gujarat at present.

“In the year 2005, there were a total of 967 cases of atrocities against Dalits in Gujarat where many were murdered, raped, burnt and seriously injured,” Kumar told the gathering of party workers who had assembled from different parts of the state.

“This year in just six months, there were a total of 412 cases of atrocities registered against backward classes including Dalits,” she said adding the figures she was quoting were sourced from the Social Justice department of Gujarat.

“In many of these cases FIRs are yet to be registered,” Kumar added

Press Trust of India, Gandhinagar, July 3, 2006

In view of the confusion created by Mandal II, the Supreme Court has asked the government to clarify two things: One, what is the basis for determining who belongs to an OBC category; and two, the rationale behind 27 per cent reservation for OBCs. These two points need to be immediately cleared.
OBCs belong to the shudra category in the caste classification. Several people confuse shudras with Dalits (earlier known as untouchables). OBCs were supposed to be people who lived by their physical labour.

Though not treated as untouchables, they formed the largest segment of low castes and suffered from all sorts of social disabilities. That is why they qualify to be categorised as socially and educationally backward, and thus entitled to affirmative action under the Constitution.

As to their identification, the Mandal Commission undertook the biggest social survey ever attempted in this country. To begin with, an experts’ panel under the chairmanship of eminent sociologist M N Srinivas and 14 other social scientists was formed to devise schedules for identification of OBCs.

Simultaneously, Delhi University held a seminar for a thorough discussion of the terms of reference of the commission. After several meetings, the experts’ panel prepared four comprehensive schedules, two each for rural and urban areas.

All the state governments were sent these schedules for conducting the survey. Two villages and one urban block were selected at random in each and every district of the country, and all the residents of these areas were covered by the survey.

Questionnaires were also sent to all the states and 30 ministries of the central government, and notices published in national dailies and regional papers inviting public response.

The data thus collected was passed on to the National Informatics Centre, which analysed the information contained in the four pre-coded schedules.

The results of this analysis were used by the experts’ panel, which derived 11 indicators of social, educational and economic backwardness. It was by the application of these indicators that OBCs were identified.

As to the number of OBCs and their percentage, government had stopped collecting caste-wise enumeration of population after the 1931 census.

Consequently, the population of various OBCs identified by the commission were culled from this census, and extrapola-ted on the basis of population growth trends over this period.

That is how the percentage of OBCs was arrived at, and it worked out to 52 per cent. When the 11 indicators were applied to identify OBCs, 44 per cent happened to be Hindus and 8 per cent were from other religions.

That shows how authentic the indicators were as it picked up a fair number of non-Hindus who were socially and educationally backward.

Some commentators have pointed out that the National Sample Survey Organisation’s investigations show that OBCs constitute 32 per cent of the population, and National Family Health Survey places the figure at 30 per cent.

These two surveys cannot match the span and depth of Mandal Commission’s investigations, and its findings can be revised only if an exercise of the same magnitude is attempted.

It has also been pointed out that 25-50 per cent of the reserved seats remain vacant for lack of qualified OBC candidates, resulting in a colossal waste of resources. This is true, but it is the result of sloppy and unplanned implementation.

The commission had laid great emphasis on creating suitable infrastructure in institutions to enable OBC candidates to derive full advantage from reservation. This required adequate planning and financial commitment. But as in 1990, the issue is again at present being treated purely as a vote-getting ploy.

The government is now dangling the carrot of proportionately increased seats in professional institutions to obviate any shrinkage in the ‘merit’ quota, as if the additional infrastructure can be created by waving a magic wand.

The current turmoil could have been averted if educationists had been taken into confidence, a sober assessment made of available capacities and a phased scheme of implementation prepared for a smooth transition.

By S S GILL, Times of India, 13 June 2006

[The writer is a former secretary, Mandal Commission.]

Amnesty International Press Release, May 25, 2007,

Perpetrators of past human rights violations continued to enjoy impunity. Concerns grew over protection of economic, social and cultural rights of already marginalized communities. Human rights violations were reported in several states where security legislation was used to facilitate arbitrary detention and torture. A new anti-terror law, in place of the repealed Prevention of Terrorism Act (POTA), was being considered in the aftermath of multiple bombings in Mumbai and elsewhere. The Armed Forces Special Powers Act (AFSPA), long criticized for widespread abuses in the north-east, was not repealed. Justice and rehabilitation continued to evade most victims of the 2002 Gujarat communal violence.
Human rights legislation was amended undermining the powers of the National Human Rights Commission (NHRC). New laws to prevent violence against women and guarantee rural employment and right to information had not been fully implemented by the end of the year. Socially and economically marginalized groups such as adivasis, dalits, marginal/landless farmers and the urban poor continued to face systemic discrimination and loss of resource base and livelihood because of development projects.

Background

An agreement reached with the USA in March gave India access to strategic nuclear material and equipment for civilian purposes, and signalled closer Indo-US ties.

Hundreds of people were killed in bomb attacks during the year, including 21 in the north Indian city of Varanasi in March, more than 200 in multiple bombings in Mumbai in July, and 37 in Malegaon, Maharashtra state, in September. Concern about such attacks continued to dominate peace talks between India and Pakistan, which made little progress. The two countries agreed to set up an “anti-terror mechanism”, the details of which were not spelled out. Little progress was made in continuing dialogue over Kashmir, Nagaland and Assam.

Rising Maoist activity in some states added to security and human rights concerns. Several states, including Orissa and West Bengal, witnessed protests by people whose livelihoods were threatened by ongoing and proposed fast-tracked development projects. High suicide rates by debt-ridden farmers were recorded in some states, including Maharashtra, Andhra Pradesh and Kerala.

Following renewed fighting in Sri Lanka, around 10,000 Tamil refugees fled the island by sea and arrived in Tamil Nadu, already home to over 100,000 refugees; about 50,000 of the refugees were reportedly in camps with inadequate facilities.

Security legislation

India continued to play no direct role in the US-led “war on terror”. However, demands for new anti-terror legislation in place of the repealed POTA grew after the bombings in Mumbai and Malegaon.

Following the bomb attacks, hundreds of people, mostly Muslims, were arbitrarily detained for short periods in Maharashtra. Sixteen people were charged under the state Control of Organised Crime Act. Local courts acquitted three of the 16 for lack of evidence.

Implementation of security legislation led to human rights violations in several states. An official panel report acknowledged widespread abuses of the AFSPA in the north-east but drew criticism for ignoring impunity issues and recommending use of the Unlawful Activities Prevention Act. Protests demanded repeal of the AFSPA.

At least 400 people remained in jail under the repealed POTA and several continued to face special trials whose proceedings fail to meet fair trial standards. The few convictions related to serious and high-profile cases. Official committees reviewed a majority of pending cases. However, the review process was questioned, with Gujarat and other states rejecting the committees’ key recommendation to drop POTA charges.

Jammu and Kashmir

Politically motivated violence slightly decreased, but torture, deaths in custody, enforced disappearances and extrajudicial executions continued to be reported. Some six deaths in custody, 38 enforced disappearances including several juveniles, and 22 extrajudicial killings were reported in 2006. Identity-based attacks by Islamist fighters continued.

• In May, 35 Hindus were killed in Doda and Udhampur districts. Government officials accused Lashkar-e-Taiba, a Pakistan-based armed Islamist group, of carrying out the killings to derail the peace process.

• In October, 17-year-old Muhammad Maqbool Dar of Pakherpora died in custody after he was questioned by the Rashtriya Rifles, an army counter-insurgency force. A magistrates’ inquiry and an internal army inquiry were ordered.

Impunity for human rights violations by state agents continued, although in a few cases criminal action was initiated after years of delay.

b In April, the Central Bureau of Investigation (CBI) indicted five army officers for the extrajudicial killing of five villagers at Pathribal in March 2000. The officers were charged with fabricating evidence to support their claim that the men were foreign fighters killed in an “encounter” with security forces. The officers had earlier claimed that the men had killed 35 Sikhs at Chittisinghpora four days before the “encounter”. When local villagers protested in Brakpora that the five men were innocent villagers, the army opened fire, killing 10 protesters. An inquiry into the Pathribal incident stalled when it was found that DNA samples had been tampered with.

A new report indicated that some 10,000 people had been victims of enforced disappearance since 1989. The Association of the Parents of Disappeared People reported that the authorities failed to provide information to the families of the victims about their whereabouts. Outstanding concerns over the existing powers of the state Human Rights Commission were heightened in August when its chairperson resigned over the “non-serious” attitude of the state government towards human rights violations.

Impunity

Little progress was made in cases relating to the 1984 anti-Sikh riots in Delhi which followed the assassination of Prime Minister Indira Gandhi by two of her Sikh bodyguards and led to a massacre of nearly 3,000 Sikhs. In 2005 the United Progressive Alliance (UPA) government promised to reopen the latest of many inquiries following the forced resignations of two leaders of the ruling Congress party, which heads the UPA. A judicial commission had concluded that there was credible evidence of involvement in the attacks against the two leaders who resigned.

In Punjab, a majority of police officers responsible for serious human rights violations during civil unrest between 1984 and 1994 continued to evade justice. In response to 2,097 reported cases of human rights violations during this period, the NHRC ordered Punjab state to provide compensation in 1,051 cases concerning people who died in police custody and appointed a commissioner to decide on compensation for 814 additional cases. CBI findings on these deaths in custody were not made public and the NHRC did not actively pursue with the judiciary the outstanding issues of impunity.

2002 Gujarat violence

Justice continued to evade most victims and survivors of the 2002 violence in Gujarat in which thousands of Muslims were attacked and more than 2,000 were killed. Rehabilitation continued to be slow. Members of the Muslim minority in Gujarat reportedly faced difficulties in accessing housing to rent and public resources. An official panel concluded that over 5,000 displaced families lived in “sub-human” conditions.

There continued to be few successful prosecutions relating to the violence. However, 1,594 cases closed by the state police were reopened on the orders of the Supreme Court and 41 police officials were being prosecuted for their alleged role.

New evidence on the riots emerged, in the form of details of mobile phone calls made between those leading the attacks and politicians belonging to the then ruling Bharatiya Janata Party (BJP), a Hindu nationalist party. The judicial commission appointed in 2002 by Gujarat’s state government to investigate the attacks had not completed its work by the end of the year.

The Gujarat High Court set aside the Union government order appointing another commission to investigate the cause of the 2002 Godhra train fire which killed 59 Hindu pilgrims. The Court said there was no need for a second commission into the fire, which triggered attacks on Muslims and the subsequent violence.

Six key cases relating to killings and sexual assault of Muslim women in which complainants had sought transfer to courts outside Gujarat were still pending before the Supreme Court at the end of the year.

• In March, a Mumbai court sentenced nine people to life imprisonment and acquitted eight others after a retrial in the Best Bakery case, relating to the massacre during the 2002 violence of 14 people in Vadodara city. In 2003, a local court had acquitted all the accused, but the Supreme Court transferred the case to Mumbai. The Mumbai court later convicted Zahira Shaikh, and another female relative of the victims, of perjury after they “turned hostile” and retracted their statements, reportedly under pressure.

The UPA government’s draft bill to prevent communal violence was still pending before parliament. It had been introduced in 2005 following widespread criticism of the BJP-led government for failing to halt the Gujarat violence. Meanwhile, two other states ruled by the BJP – Rajasthan and Chhattisgarh – passed laws criminalizing religious conversion in certain circumstances, inviting criticism that they were acting against freedom of choice of religion.

Chhattisgarh

There was rising violence in the Dantewada area between Maoists and members of the anti-Maoist Salwa Judum, a militia widely believed to be sponsored by the Chhattisgarh state government. Civilians were routinely targeted by both sides and 45,000 adivasis were forced to live in special camps putting them at increased risk of violence. The Chhattisgarh authorities enacted legislation banning media coverage of certain human rights violations.

• On 28 February, suspected Maoists set off a landmine blowing up a truck; 26 people were killed and 30 injured.

Economic, social and cultural rights

Around 300 million people remained in poverty despite implementation of new legislation guaranteeing minimum annual employment for the rural poor. New legislation on the right to information, seen as a means to empower the poor, was not fully implemented; the Union government and state governments were reluctant to disclose crucial information about their decision-making processes.

Concerns grew over protection of economic, social and cultural rights of already-marginalized communities (including adivasis) amidst fears of unchecked exploitation of their resource base by the government and businesses. Several states witnessed periodic protests against acquisition of land and other resources for mining, irrigation, power and urban infrastructure purposes. Such developments were associated with forced evictions, harassment, arbitrary detentions, excessive police force and denial of access to justice.

• In January, 11 adivasis were killed when police fired into demonstrators protesting against the displacement that would be caused by the proposed Tata Steel project in Orissa.

• In April, police used excessive force against activists staging a protest fast in Delhi against displacement caused by the Narmada dam project; some protesters were detained.

• In July and September/October, activists protesting against the Uttar Pradesh government’s decision to acquire farmland for the Reliance gas project faced police harassment and detention.

Bhopal

Twenty-two years after the Union Carbide Corporation (UCC) pesticide plant in Bhopal leaked toxic gases that devastated countless lives and the environment, survivors continued to struggle for adequate compensation, medical aid and rehabilitation. After a sustained campaign, including a survivors’ march from Bhopal to Delhi in April, the government agreed to clean up toxic waste, provide safe drinking water and set up a commission for rehabilitation of the victims. However, there was little progress on the ground on these initiatives by the end of 2006. In August, monsoon rains caused flooding in areas around the UCC plant, raising fears of contamination of groundwater. UCC and Dow Chemicals (which took over UCC in 2001) continued to reiterate that they had no responsibility for the gas leak or its consequences.

Violence against women

Legislation passed in 2005 to ensure comprehensive protection of women from all forms of domestic violence, including dowry deaths, sexual assault and acid attacks, came into effect in October. It was yet to be fully implemented by states.

Traditional preference for boys continued to lead to abortions of female foetuses, despite the ban on pre-natal sex determination since 1993. Only a few people were convicted of violating the ban, a fact criticized by the Supreme Court. Protests were staged in Punjab and Rajasthan over the slow pace of investigation into such cases.

Many of the abuses suffered by Muslim women in Gujarat in 2002 fell outside the definition of rape in national law. This continued to hamper victims’ quest for justice.

Two Supreme Court directives offered advances for victims of rape. The Court directed that lack of medical evidence would no longer be grounds for discounting testimony, and that the identity of victims should remain confidential in court judgments.

Death penalty

At least 40 people were sentenced to death in 2006; no executions took place. Comprehensive information on the number of people on death row was not available.

Anxiety rose over the fate of clemency petitions after the Supreme Court ruled that it could review executive decisions on such petitions. The ruling followed fierce debate triggered by the clemency petition submitted on behalf of Mohammed Afzal, who was sentenced to death on charges relating to the armed attack on India’s parliament in December 2001.

Other issues

There were concerns that amendments to the Protection of Human Rights Act, 1993, would weaken the operating framework of the NHRC which already had no mandate to investigate abuses by armed forces and complaints more than a year old. The amendments also allow for transfer of cases from the NHRC to state-level commissions which continued to be starved of resources; 11 of the 28 states had yet to set up such commissions and five of those operating had no chairpersons.


REPUBLIC OF INDIA

Head of state: APJ Abdul Kalam
Head of government: Manmohan Singh
Death penalty: retentionist
International Criminal Court: not ratified


AI country reports/visitsStatements

• India: Amnesty International condemns multiple bomb attacks in Mumbai (AI Index: ASA 20/017/2006)

• India: Continuing concern over the safety of civilians, including adivasis, caught in escalating conflict in Chhattisgarh (AI Index: ASA 20/018/2006)

• India: Concerns with Protection of Human Rights Act (AI Index: ASA 20/019/2006)

• India: Amnesty International condemns multiple bomb attacks in Malegaon, Maharashtra (AI Index: ASA 20/025/2006)

• India: Continued detention two years after the repeal of POTA (AI Index: ASA 20/026/2006)

• India: The Armed Forces Special Powers Act (AFSPA) Review Committee takes one step forward and two backwards (AI Index: ASA 20/031/2006)

Visits

AI’s Secretary General and other delegates visited India in February and met government officials and civil society organizations. AI delegates also met officials and activists in May, July and December.

http://thereport.amnesty.org/eng/Regions/Asia-Pacific/India

Mumbai, April 22, 2007 ,

Indian teachers have been sprinkling cow urine on low-caste students to purify them and drive away evil.

In India, millions of people formerly known as “untouchables” remain oppressed at the bottom of the ancient Hindu caste system.

The Times of India reported yesterday that upper-caste headteacher Sharad Kaithade ordered the ritual after taking over from a lower-caste predecessor at a school in a remote village in the western state of Maharashtra earlier this month.

He told an upper-caste colleague to spray cow urine in a cleansing ceremony as the students were taking an examination, wetting their faces and their answer sheets, the newspaper said.

“She said you’ll study well after getting purified,” student Rajat Washnik was quoted as saying by the CNN-IBN news channel. Students said they felt humiliated.

Hinduism reveres the cow, and its dung is used in the countryside as both a disinfectant and as fuel.

In 2001, Hindu nationalists promoted cow’s urine as a cure for ailments ranging from liver disease to obesity and even cancer.

The newspaper said the two teachers were arrested after angry parents complained to police. They have been released on bail.

India’s secular constitution bans caste discrimination, but Dalits – those at the bottom of the caste system – are still commonly beaten or killed for using a well or worshipping at a temple reserved for upper castes, especially in rural areas.

Dalits, once known as untouchables, make up around 160 million of India’s billion-plus population.

In February, the New York-based Human Rights Watch group said India was failing to protect its lower-caste citizens, who were condemned to a lifetime of abuse because of their social status.

Reuters

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