Maryam Imran
For centuries India’s social structure was built around a rigid Hindu caste system. While the caste system was constitutionally abolished in 1950, its legacy still deeply affects contemporary Indian society. The Hindu population, around 84 percent of the 1.2 billion people that live in the country, is still influenced by the four main traditional castes, which also have their own sub-sects: Brahmins, the priestly and academic class; Kshatriya, the warrior caste; Vaishya, which comprises the business community; and Shudra, the working class. Garbage pickers already live in hell from the day they are born. It is not their fault they are born into a lower caste. All of this gets dumped on them. If you are born into a lower caste you suffer the worst type of slavery. Outside these four groups are others, including the Dalits, who are at the bottom of the hierarchy.
Dalits are the lowest members of the Hindu caste system in India. They undertake occupations that the rest of Indian society found filthy and embarrassing and also receive ill-treatment from the members of the higher castes particularly from Brahmins. For example, Brahman would have to bath if a Dalit shadow fell on them, would not eat food prepared by Dalits, and would not drink water same wells as Dalits. They are not allowed to defy caste system and punished otherwise. Although Article 17 of the Indian Constitution banned untouchability in 1950, Dalits still suffers widespread discrimination and mistreatment. Local law enforcement personnel often refuse to document, investigate and response adequately to Dalits’ complaints. Upper caste members often threaten and assault Dalits who dare protest against their mistreatment. The traditional practices of segregation between upper caste and Dalits are continuing in India.
It is important to note that concerns about caste-based violence in India are growing after a 13-year-old girl from a lower caste was beheaded in one of the country’s southern states last week, with her alleged assailant coming from a higher, majority caste, according to police. The complaint filed with police in the Salem district of Tamil Nadu alleges that the victim had rejected the advances of the accused, triggering a violent reaction. “The girl was brutally murdered. The investigation is ongoing and the accused has been arrested,” said Ponkarthik Kumar, senior police official in the district. The police have charged him under the act that criminalizes caste-based violence. The law has existed in India since 1989. In spite of numerous laws and court rulings that have attempted to provide a level playing field, deep-rooted bias has repeatedly hampered progress.
According to the National Crime Records Bureau, the total number of crimes against people of lower castes was more than 47,000 in 2016-2017. Activists said that at least 90 Dalits employed as manual scavengers died during the year while cleaning sewers, despite the practice being prohibited. Many of those killed were illegally employed by government agencies. In August, the Delhi state government said that people who employed manual scavengers would be prosecuted for manslaughter. In November, the UN Special Reporter on safe drinking water and sanitation expressed concern that the government’s emphasis on building new toilets as part of its Clean India Mission could prolong manual scavenging.
Although India is obliged under several international instruments to uphold Dalit rights, there is little enforcement to ensure that India meets its obligations under International Law. First, as a UN member state, India is bound to the provisions in the Universal Declaration of Human Rights (UDHR). The Articles I& II state that “all human beings are born equal in dignity and rights” and that the human rights protected in the UNDHR belong to everyone “without distinction of any kind, such as race, coloure, sex, language, religion, national or social origin, property, birth or other status.” India is violating its obligations under the UDHR as it has failed to protect Dalits against discrimination, degradation and violence.
Ironically, there is much hue and cry over Asia Bibi and Malala in Indian media but they should keep in mind that India has 100 Malalas and Asia Bibis every day. But, it is worse there. They don’t live. They are killed. Moreover, no country can claim itself to be a democracy until and unless it has civilized society of equality as democracy is not only a governing system but it also provides guarantee for citizens’ constitutional and human rights. India is truly a flawed democracy as it failed to implement laws, which provides protection against such caste discrimination. So how can India claim to be a big democracy where the minorities being the citizens are not enjoying liberty and freedom and live as second class citizen? The Indian government has done nothing to remove caste prejudice and to provide justice to poor and powerless.
