28.12.2006 - Source: Guardian

According to the Prime Minister, millions of Dalits still face oppression ("Indian PM condemns caste system") [ID 18753]

Document(s): Open document

27.12.2006 - Source: BBC News

Prime minister says more must be done to combat discrimination against lower castes and minorities ("Lower castes 'need greater help'") [ID 18750]

Document(s): Open document

21.12.2006 - Source: Asian Human Rights Commission

Report on the human rights situation in 2006 (judiciary; discrimination based on caste) ("The Human Rights Situation in 2006") [ID 18615]

"II. Areas of concern

a) Judiciary – especially the lower judiciary, which is plagued by a lack of sensitivity and enormous delays. The discussion also covers the human rights commissions in India.

b) Policing which is reeling under ineptitude and corruption, and in which the practice of custodial torture is prevalent.

c) Discriminatory approaches by the government towards certain regions within the country – for example the north-east. d) Caste-based discrimination – often leading to starvation deaths"

Document(s): Open document

13.12.2006 - Source: Asian Centre for Human Rights

Political Freedom - Discrimination of Dalits ("SAARC Human Rights Report 2006") [ID 18122]

"The Scheduled Castes, who are also known as the Dalits, continued to face discrimination while exercising their political freedom – from casting of votes to denial of privileges if elected. On the night of 6 February 2005, four members of a Dalit family were shot dead at Saidpur village under Kako police station area in Jehanabad Assembly constituency in Bihar after they voted in the first phase of the assembly elections.[3] On 21 October 2005, a Dalit woman, Prabhavati Devi, contesting local elections on a Bahujan Samaj Party ticket was reportedly set ablaze by her rivals for refusing to pull out from the fray at Mujehra Khurd village in Mirzapur district of Uttar Pradesh.[4] She succumbed to her over 90 per cent burn injuries.[5] Earlier, on 15 August 2005, a Dalit woman Sarpanch, Village Council head, identified as Anita Bai Ahiwar of Patehra village under Damoh district in Madhya Pradesh was not allowed by government officials to hoist the national flag in a market place because of her caste.[6] In June 2005, it was reported that Deomanti Devi, a Dalit woman, who was elected as the chairperson of the Bodhgaya Nagar Panchayat in Bihar in August 2002, had been deprived of allowances and other entitlements privy to a civic body head.[7]"

Document(s): Open document

13.12.2006 - Source: Asian Centre for Human Rights

Violations of the rights of the Dalits ("SAARC Human Rights Report 2006") [ID 18232]

Denial of access to public places, Physical attacks, Violence against Dalit women, Denial of land rights

Document(s): Open document

12.12.2006 - Source: Christian Solidarity Worldwide

Around 800 Dalits, comprising those of Christian, Hindu and Buddhist background, called upon government to guarantee protection of Christian minority which has experienced widespread violence throughout 2006 ("Hindu and Buddhist Dalits join Christian rally for equal rights") [ID 18112]

Document(s): Open document

22.08.2006 - Source: BBC News

Delhi: Cabinet approves draft bill to double places for Dalits and tribesmen in state-funded professional colleges to nearly 50 percent; hundreds of students rallying against affirmative action plans ("Protest against India quota plan") [ID 17372]

Document(s): Open document

27.05.2006 - Source: BBC News

New anti-quota protests in India ("New anti-quota protests in India") [ID 15481]

Document(s): Open document

23.05.2006 - Source: Amnesty International

Annual Report 2006 - Human Rights Defenders ("Annual Report 2006") [ID 17247]

"Human rights defenders in many parts of the country continued to be harassed and attacked. Among them were activists working on behalf of marginalized communities including dalits and adivasis who faced systemic discrimination."

Document(s): Open document

23.05.2006 - Source: Amnesty International

Annual Report 2006 - Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act ("Annual Report 2006") [ID 17252]

"There was grave concern at the intensification of social, political, cultural and economic discrimination, oppression and violence against dalits. Data suggested that few cases under the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act 1989 had resulted in convictions."

Document(s): Open document

17.05.2006 - Source: Guardian

Violence feared in Indian caste row ("Violence feared in Indian caste row") [ID 15477]

Document(s): Open document

23.11.2005 - Source: Christian Solidarity Worldwide

All India Christian Council, will be holding National Rally for Dalit Christian reservation in Hyderabad, India; rally is to show support for legal challenge to discrimination against Dalits who embrace Christianity or Islam ("CSW supports Indian national rally in support of Dalit Christian rights") [#40241],  [ID 6558]

Document(s): Open document

08.2005 - Source: Freedom House

Annual survey of political rights and civil liberties 2004 ("Freedom in the World 2005") [#41316],  [ID 6559]

"[...]The constitution bars discrimination based on caste, and laws set aside quotas in education and government jobs for members of the so-called scheduled tribes, scheduled castes (dalits), and other backward castes (OBCs). However, members of the lower castes, as well as religious and ethnic minorities, continue to routinely face unofficial discrimination and violence. The worst abuse is experienced by the 160 million dalits, who are often denied access to land or other public amenities, abused by landlords and police, and forced to work in miserable conditions. In July, Human Rights Watch criticized the use of excessive police force against dalits who tried to participate in a religious ceremony in Tamil Nadu.[...]"

Document(s): Open document

05.2005 - Source: Human Rights Watch

Report on reconstruction following 2004 tsunami (impact of and response to tsunami, addressing needs of vulnerable populations, neglected communities, caste-based discrimination, barriers to re-establishing livelihoods, inadequate shelter and protection from forced relocation) ("After the Deluge: India’s Reconstruction Following the 2004 Tsunami") [#49014],  [ID 6560]

"[...]Perhaps the most serious widespread and systemic problem that arose during the relief effort was discrimination against Dalits and tribal groups by individuals from higher castes.100 Most local aid workers interviewed by Human Rights Watch stated that it was not the government or the relief agencies that were primarily to blame for discriminating against the Dalits, tribals, and other lower caste groups in Tamil Nadu, but rather the higher caste groups within the community itself, particularly the Meenavar fishermen.[...]"

Document(s): Open document

14.01.2005 - Source: Human Rights Watch

The Indian government should ensure that tsunami victims receive assistance in an equitable manner without caste or religious bias ("India: End Caste Bias in Tsunami Relief") [#28432],  [ID 6561]

Document(s): Open document

13.01.2005 - Source: Human Rights Watch

Annual report on human rights situation in 2004 ("World report 2005") [#28211],  [ID 6562]

"[...]The new government of Manmohan Singh also has to contend with the Indian government’s systematic failure to protect the rights of Dalits, other marginalized castes and religious minorities. [...]
Despite legislative measures to protect marginalized groups, discrimination based on caste, social, or religious grounds continues widely in practice. Local police often fail to implement the special laws set up to protect Dalits and members of tribal groups.
Dalits, or so-called untouchables, continue to face violence and discrimination in nearly every sphere of their lives. Abuses against Dalits range from harassment and use of excessive force by security forces in routine matters, to mutilations and killings by members of other castes for attempting to cross caste barriers. Dalit women are targeted with sexual violence. Not only do authorities regularly tolerate such discrimination and violence, in some instances they actively encourage it. In one widely noted incident in July 2004, for example, police used excessive force against Dalits who tried to participate in a religious festival in Tamil Nadu. [...]
Both literacy and school enrollment rates overall have improved in the last decade, but according to UNESCO, approximately half of students completed grade five. Proportionately fewer girls than boys attend school, and those that do, drop out at higher rates. Dalits also have higher illiteracy and drop-out rates and face significant discrimination in education. [...]"

Document(s): Open document

08.11.2004 - Source: Human Rights Watch

Issues of particular concern, highlighted (discrimination against marginalized groups, impunity of security forces, misuse of counter-terrorism laws, failure to protect the rights of children) ("EU: Engage India on Human Rights") [#26851],  [ID 6563]

Document(s): Open document

13.10.2004 - Source: Asian Centre for Human Rights

Atrocities Against Scheduled Castes and Scheduled Tribes ("ACHR Review: Guns and Talks in India's Wretched of the Earth") [#26392],  [ID 6564]

"[...]
Apart from poverty and land alienation, the atrocities against the Scheduled Castes and Scheduled Tribes provide the grounds of growth of Naxalism. Whether it is in the case of the massacre of Dalits at Tsundur village in Guntur district in 1991 or brutal murder of a dalit leader, Birusanti Obanna from Koilkuntla area of Kurnool district on 22 January 2004, perpetrators often go unpunished. Although, the government of India adopted the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Andhra Pradesh government had established only 12 Special Courts by 2003.

The conviction rate for offences against the SCs and STs remains extremely low primary because of the caste bias which permeates the executive and judiciary. The Kurnool District Special Court for under SC/ST Prevention of Atrocities Act, rejected 39 cases registered under the Act between 29 May and 3 September 1999 on the grounds that the crimes - which included murders, assaults, rapes - were not committed on account of the victims being Dalit, but on account of enmity and lust. The judge in his orders did not give any reason as to how he arrived at this conclusion. Out of the 1,805 cases of atrocities against SCs and STs registered in 1998, 1,897 cases in 1999 and 1,912 cases in 2000 according to then Andhra Pradesh Home Minister T. Devender Goud, only 27 persons were convicted by May 2001.
[...]"

Document(s): Open document
Open document

10.2004 - Source: UK Home Office

Gender discrimination ("Country Report - October 2004") [#28325],  [ID 6565]

"[...]6.281 AI further report that gender discrimination is a problem within many communities, caste and land rights impact on political, social and economic relationships. In Uttar Pradesh political parties representing dalit and lower-caste communities have played a role in empowering some of these groups in some areas.[3e](p6) Despite many positive developments in securing women’s human rights, patriarchy continues to be embedded in the social system in many parts of India.[3e](p5) [...]"

Document(s): Open document

11.08.2004 - Source: Asian Centre for Human Rights

Article on Draft National Policy on Tribals and the National Commission for Scheduled Tribes ("Spanners in the Draft National Policy on Tribals (ACHRF/33/04)") [#24835],  [ID 6566]

"[...]The statistics are tip of the iceberg. Most offenses in rural areas are not registered. Nonetheless, the statistics provided by the government of India clearly establish that atrocities against the indigenous and tribal peoples and the Dalits have been increasing: 34,799 cases were registered in 1999, 36,971 cases were registered in 2000 and 39,157 cases were registered in 2001. [...]"

Document(s): Open document
Open document

10.07.2004 - Source: Human Rights Watch

Tamil Nadu: at least 20 people injured when police used excessive force while responding to a riot at the Kandadevi religious festival ("India: Probe Police Attacks on ‘Untouchables’") [#23915],  [ID 6567]

Document(s): Open document

10.07.2004 - Source: BBC News

State of Madhya Pradesh: 8 people have been arrested over the gang-rape of three women from the Dalit lower-caste Hindu community ("Men held over 'caste gang-rape'") [#23943],  [ID 6568]

Document(s): Open document

26.05.2004 - Source: Amnesty International

Annual Report 2004 (covering 2003) ("Annual Report 2004") [#22668],  [ID 6569]

"Discrimination

Socially and economically marginalized groups, such as dalits, adivasis, women and religious minorities, including Muslims, continued to face discrimination at the hands of the police, the criminal justice system and non-state actors.

In April a government-appointed committee under the direction of Justice Malimath published its recommendations for reforms of the criminal justice system in India. There were concerns that the Committee’s recommendations threatened to weaken protection of women’s rights in law. For example the Committee recommended that in cases where the offence of cruelty is committed against a woman by her husband or his relatives, it should be possible to settle the case out of court and bail should be available to the accused. The Committee’s reasoning for this proposal was that it would facilitate forgivenessof the husband and the return of the woman to the matrimonial home.

The Malimath Committee was silent on issues related to protecting the rights of the poor, dalits, ethnic and religious minorities and other disadvantaged communities who face daily abuse and violence. The criminalization of poverty coupled with the complete inability of the poor to negotiate the criminal justice system and retain competent legal counsel, remained a major human rights problem as such individuals were at risk of mistreatment without redress."

Document(s): Open document
Open document

25.02.2004 - Source: US Department of State

Country Reports on Human Rights Practices - 2003 ("Country Reports on Human Rights Practices - 2003") [#19765],  [ID 6570]

"[...] The country's caste system has strong historic ties to Hinduism. It delineates clear social strata, assigning highly structured religious, cultural, and social roles to each caste and subcaste. Members of each caste--and frequently each subcaste-are expected to fulfill a specific set of duties (known as dharma) in order to secure elevation to a higher caste through rebirth. Dalits (formerly called untouchables) were viewed by many Hindus as separate from or "below" the caste system; nonetheless, they too were expected to follow their dharma if they hope to achieve caste in a future life. Despite longstanding efforts to eliminate the discriminatory aspects of caste, the practice has remained widespread.


The practice of untouchability, which affected those who, along with tribal people, occupied the lowest social strata, was outlawed in theory by the Constitution and the 1955 Civil Rights Act, but it remained an important aspect of life. Untouchability refers to the social restrictions imposed on persons because of their birth into certain Hindu castes. Dalits were considered unclean by higher caste Hindus and thus traditionally were relegated to separate villages or neighborhoods and to low paying and often undesirable occupations (such as scavenging, street sweeping, and removing human waste and dead animals). Many rural Dalits worked as agricultural laborers for caste landowners. By custom Dalits may be required to perform tasks for upper caste Hindus without remuneration. The majority of bonded laborers were Dalits (see Section 6.c.). Dalits are among the poorest of citizens, generally do not own land, and often are illiterate. They face significant discrimination despite the laws that exist to protect them, and often are prohibited from using the same wells and from attending the same temples as caste Hindus, and from marrying persons from castes. In addition, they face segregation in housing, in land ownership, on roads, and on buses. Dalits tend to be malnourished, lack access to health care, work in poor conditions (see Section 6.e.), and face continuing and severe social ostracism. In contrast, the highest caste, the Brahmin, with 3.5 percent of the population, holds 78 percent of the judicial positions and approximately 50 percent of parliamentary seats. NGOs reported that crimes committed by higher caste Hindus against Dalits often were unpunished, either because the authorities did not prosecute vigorously such cases or because the crimes were unreported by the victims, who feared retaliation. For example, on August 10 one Dalit was beaten and killed by four upper caste persons in Anand after reports he was sitting in a temple verandah. During the year, the NHRC completed its inquiry into the 2002 killing of five Dalits in Haryana and approximately $11,000 (500,000 Rs) was paid in compensation to the families by the government.
A survey conducted during 2001 by the Protection of Civil Rights wing of the Tamil Nadu Adidravidar (indigenous peoples) Department identified 191 villages in Tamil Nadu where caste-based oppression and violence, and the practice of untouchability, were prevalent. Several human rights groups alleged that that in many villages, "scheduled" castes were not allowed to enter the streets or participate in local festivals, own property in upper caste areas, share burial grounds, or draw water from public wells in upper-case neighborhoods. The erection of statues of Dalit heroes or of the flags of Dalit parties in public places often became the cause of inter-caste tension. In several village teashops, Dalits were served beverages in separate cups (the so-called two-tumbler system).

There were no further developments in the 2002 case in which the Melavalavu Panchayat president and his associates were killed.

The Constitution gives the President the authority to identify historically disadvantaged castes, Dalits, and tribal people (members of indigenous groups historically outside the caste system). These "scheduled" castes, Dalits, and tribes were entitled to affirmative action and hiring quotas in employment, benefits from special development funds, and special training programs. The impact of reservations and quotas on society and on the groups they were designed to benefit was a subject of active debate. According to the 2001 census, scheduled castes, including Dalits, made up 16 percent, and scheduled tribes were 8 percent of the country's 2001 population of 1.027 billion. Christians historically rejected the concept of caste; however, because many Christians descended from low caste Hindu families, many continued to suffer the same social and economic limitations, particularly in rural areas. Low caste Hindus who convert to Christianity lose their eligibility for affirmative action programs. Those who become Buddhists or Sikhs do not. In some states, government jobs were reserved for Muslims of low caste descent.

The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act lists offenses against disadvantaged persons and provides for stiff penalties for offenders. However, this act had only a modest effect in curbing abuse. Human rights NGOs alleged that caste violence was on the increase.

Intercaste violence claimed hundreds of lives; it was especially pronounced in Uttar Pradesh, Bihar, Rajasthan, Madhya Pradesh, Tamil Nadu, and Andhra Pradesh.

Social pressures to enforce rigid caste lines in all social settings led to episodes of vigilante retribution. While much more rare in urban settings, examples of intolerance occurred regularly in rural parts of the country. [...]"

Document(s): Open document

23.12.2003 - Source: World Organisation Against Torture

West Bengal: 3 year old child dies due to starvation/ his family is one of 7,000 Untouchables who were forcibly and illegally evicted in February 2003 from their residences ("India: Death of a 3-year old child due to starvation [Case IND-FE 240703.1, Follow-up to Case 240703]") [#18370],  [ID 6571]

Document(s): Open document

19.09.2003 - Source: Amnesty International

Report commenting on the report of the Malimath Committee on Reforms of the Criminal Justice System ("Report of the Malimath Committee on Reforms of the Criminal Justice System: Some observations") [#16255],  [ID 6572]

"Dalits and the Criminal Justice System
There is no substantive discussion anywhere in the Malimath Committee report on the challenges faced by dalits in ensuring that the criminal justice system works to protect their rights.(21) Institutional prejudices within the police and the judiciary or the problems with the implementation of the Schedules Castes/Schedules Tribes (Prevention of) Atrocities Act or the working of the Special Courts and many other issues significant to the protection of dalit human rights are not of the least significance to the Malimath Committee.

Police inaction and even direct complicity and participation in atrocities against dalits is a major human rights concern. A large number of cases of torture and custodial violence, rape and sexual abuse, forced evictions, excessive use of force are reported on a regular basis.(22) In its report on caste violence, Human Rights Watch noted, "Laws designed to ensure that Dalits enjoy equal rights and protection have seldom been enforced. Instead, police refuse to register complaints about violations of the law and rarely prosecute those responsible for abuses that range from murder and rape to exploitative labour practices and forced displacement from Dalit lands and homes."(23)

In the reviewing of India’s tenth to fourteenth periodic reports under the convention, the Committee on the Elimination of Racial Discrimination (CERD) called on India to ensure effective investigation, prosecution and just and adequate reparation in cases of caste discrimination.(24) The CERD Committee specifically called for steps to make it "easier for individuals to seek from the courts just and adequate reparation or satisfaction for any damage suffered as a result of acts of racial discrimination, including acts of discrimination based on belonging to caste or a tribe."(25)

The extent of the failure of the criminal justice system to combat caste discrimination seems to have totally escaped the Malimath Committee."

Document(s): Open document
Open document

31.08.2003 - Source: South Asia Human Rights Documentation Centre

The 1989 Prevention of Atrocities Act, which delineates specific crimes against Scheduled Castes and Scheduled Tribes (Dalits) as “atrocities", suffers from a near-complete failure in implementation: increased violence and increased reporting of incidents of violence ("The Prevention of Atrocities Act: Unused Ammunition (HRF/83/03)") [#15672],  [ID 6573]

Document(s): Open document

24.07.2003 - Source: World Organisation Against Torture

West Bengal: over 7,000 Dalits forcibly evicted by police officers from their residences in Calcutta / the evictions took place without adequate consideration of the inhabitants' legal status ("India: forced eviction of 7000 Dalits [Case IND-FE 240703]") [#14630],  [ID 6574]

Document(s): Open document

08.2002 - Source: European Reintegration Networking

Background information on India (including procedures for entrance, supply and care, health, education, work opportunies,...) ("Background information on India (including procedures for entrance, supply and care, health, education, work opportunies,...)") [#28646],  [ID 6575]

"[...]Schließlich gibt es noch Parteien, die sich vor allem als Vertreterinnen der Kastenlosen (Dalits) und benachteiligten Kasten (Other Backward Classes oder OBCs), die ca. 16 bzw. 52 % der Einwohnerzahl ausmachen, verstehen. In dem bevölkerungsreichsten Staat Uttar Pradesh erhielt beispielsweise die Samajwadi Party, die hauptsächlich von OBCs und Moslems gewählt wird, bei den Wahlen im Jahr 2002 143 von 402 Sitzen. Eine weitere Partei, die Bahujan Samaj Party, die die Dalits vertritt, erhielt dort 98 Sitze. [...]"

Document(s): Open document

02.2001 - Source: Forum 18

Freedom of religion: report on general legal framework, registration requirements, civil and penal restrictions and religious freedom in practice ("Freedom of religion: A report with special emphasis on the right to choose religion and registration systems") [#8587],  [ID 6576]

"Dalits' loss of rights

The most important legal obstacle to conversion on the Federal level is the loss of reservation rights which dalits suffer if they convert to Christianity or Islam. Article 330 provides reservations for seats in the Lok Sabha (lower chamber in the Union Parliament), and article 332 provides for reservation in the state assemblies. Article 16(4) gives the state power to apply reservation in government jobs and in educational institutions. Article 341 (1) empowers the president to decide which groups belong to the Scheduled Castes and Scheduled Tribes. The president's list may then be amended by an act of parliament (Article 342 (2)). Article 3 of the Presidential Order of 1950 reads:

Notwithstanding anything contained in paragraph 2, no person who professes a religion different from Hindu shall be deemed to be a member of a Scheduled Caste.60

This article was amended in 1956 to read "the Hindu or the Sikh", and again in 1990 to "the Hindu or the Sikh or the Buddhist". (Thus it is inaccurate when reports claim that Sikhs and Buddhists are subsumed under the Hindu religion in all constitutional matters. Jains, however, generally count as "Hindus".)

The logic is that the caste system does not apply to for example Muslims and Christians, and thus there is no need for measures to alleviate disadvantages because of caste. The argument is flawed, since Christians and Muslims to a large extent retain their caste identities, and since poverty and lack of education is as prevalent among Christian and Muslim dalits as among others. There is reason to believe that the number of Christian and Muslim dalits may be underreported due to the great disadvantage a Christian or Muslim identity may mean to individuals in certain situations."

Document(s): Open document