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CASTE BASED DISCRIMINATION IN MODERN INDIA

A Brief Overview of Human Rights and Constitutional Protection

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The Hindu social order, particularly its main pillars: the caste system and

untouchability, presents a unique case. As a system of social, economic and religious

governance it is founded not on the principle of liberty or freedom, equality and fraternity,

the values which formed the basis of universal human rights, but on the principle of

inequality in every sphere of life. It leaves no difference between legal philosophy (law)

and moral philosophy (morality). The three unique features of the caste system in the

social sphere in which caste system involves are

(a) Division of people in social groups (castes). The social, religious, cultural and

economic rights of members of the castes are predetermined in advance by birth into that

caste and are hereditary

(b) An unequal distribution of these rights across caste groups

(c) Provision of a mechanism of social and economic ostracism calculated to ensure

rigid adherence to the system and justification of the social system by the philosophy of

Hinduism.

In the sphere of economic rights, the Hindu social order also lays down a scheme of

distribution, namely

(a) It fixes the occupations for each caste by birth and its hereditary continuation;

(b) Unequal distribution of these economic rights related to property, trade,

employment, wages, education etc., among the caste groups; and

(c) Hierarchy of occupation based on social stigma.

These features imply that the Hindu social order is based on three interrelated

elements, namely predetermination of social, religious and economic rights of each caste

based on birth; the unequal and hierarchical (graded) division of these rights among the

castes; and provision of strong social, religious and economic ostracism supported by

social and religious ideology to maintain the Hindu social order.

In this framework the concept of "human rights" under the Hindu social system

takes on a specific meaning. Unlike other human societies, the Hindu social order in its

classical form does not recognize the individual and his distinctiveness as the center of the

social purpose. The unit of the Hindu society is not the individual. Even the family is not

regarded as a unit of society except for the purposes of marriages and inheritance. The

primary unit of society is caste. There is no room for individual merit and the consideration

of individual justice. Rights that an individual has are not due to him personally; it is due to

him because he belongs to a particular caste. Similarly, if an individual suffers from a lack

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of rights, it is not because he deserves it by his conduct. The disability is imposed upon the

caste and as a member of the caste that is his lot.

The other implication is that, the caste system also involves the principle of rank

and gradation, in so far as the rights increase in ascending order from untouchable to

Brahmin. It is a hierarchically interlinked system. In this framework castes are artfully

interlinked with each other in a manner such that the right and privileges of higher castes

become the disabilities of the lower castes, particularly the untouchables. In this sense, in

Ambedakar's view the caste in a single number cannot exist. Caste can exist only in plural

number. There cannot be such a thing as caste as a singular phenomenon. So one has to

look at the castes as a system, where each is interlinked with other in unequal measures of

social, religious, economic relations and rights.

This hierarchically interlinked character of the caste system implies a concept of

"human rights" and "human hood" which is different and unique. In this particular order of

hierarchy the Brahmins are not only placed at the top but are considered to be "superior

social beings" worthy of special rights and privileges. At the bottom, the untouchables are

treated as "sub-human beings or lesser human beings" considered unworthy of many

rights. Untouchables are considered as inferior social beings and therefore not entitled to

any individual rights i.e., civic, religious, political and economic. In fact, the disabilities

are so severe that they are physically and socially isolated and excluded from the rest of the

Hindu society. Isolation and exclusion of untouchables is a unique feature of the Hindu

social order. Classes or social groups are common to all societies, but as long as the classes

or social groups do not practice isolation and exclusiveness they are only non-social in

their relations towards one another. "Isolation and exclusiveness" makes them anti-social

and inimical to one another.

In recognition to the special problems of the SCs, and in its efforts towards

affirmative action and the establishment of an egalitarian social order, the Government has

over the years made consistent and sustained efforts. The Governments approaches and

intervention techniques primarily infer from two major considerations.

a) To overcome the multiple deprivations of SCs inherited from exclusion in the past and

to the and to the extent possible being them at par with others; and b) To provide them with

protection against exclusion and discrimination in the present, by encouraging their

effective participation in general, social, economic and political processes of the country.

Towards these ends the Governments approach aligns itself with and can be categorized

under a two fold strategy, namely, a) Anti-discriminatory or protective measures; and b)

development and empowering measures.

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Anti-discriminatory measures include the enactment of the Untouchability offence

Act, 1955 or Protection of Civil Rights Act 1976 and the Scheduled Castes and Scheduled

Tribes Prevention of Atrocities Act 1989. While under the former the practice of

untouchability and discrimination in public places and services is treated as an offence, the

latter provides legal protection to the SCs against violence and atrocities by the higher

castes.

Reservation policy in the Government services, state-run and supported educational

institutions and the various political democratic bodies can also be categorized under anti-

discriminatory or protective measures. These measures ensure proportional participation of

the SCs in various public spheres, which otherwise could not have been possible due to the

prevalence of the practices of exclusion and discrimination1.

When we talk about civil amenities the access to safe drinking water, toilet and

electricity are the three main household amenities that closely influence human

productivity, performance, efficiency, the overall quality of life and are proximately

associated with health outcomes. All these three amenities are generally in short supply

and available in adequate quality. Scarcity of these amenities invariably results in seeking

alternative sources that are poor quality and have serious health implications. The story of

drinking water is very well known, but it is no less important to note that lack of toilet

facilities lead to defecation in open spaces that not only posits serious sanitation problem,

but also contains serious elements of social conflict, especially in the urban areas where

open spaces have been shrinking rapidly. The problem is no less acute in the rural areas as

common village lands have been appropriated by the influential households while the SCs

who have little agricultural land to themselves have no where to go to ease themselves. The

source of drinking water has for long remained the area of conflict between the SCs and

the non SC/STs, although the state of access to sources of drinking water has improved

over the years.

According to the census of India, if a household has access to drinking water

supplied from a tap or a hand pump/tube well situated within or outside the premises, it is

considered as having access to safe drinking water. In 2001, over ninety percent of the

urban SC households were reported to have access to safe drinking water, which registered

an improvement of about ten percentage point since 1991. There was hardly any difference

between the Sc households was reported to have better access in comparison with the non

SC/ST counterparts. Over forty percent household belongs to the two social groups had no

access to drinking water in the rural areas. However, when access to various sources of

safe drinking water is examined, one may find that the SC households had lower access to

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tap water both in the rural and the urban areas. The dependence on hand pumps/tube wells

was greater for the SCs as compared to the non SC/ST households.

Similarly the SC households had to depend more on public taps or hand pumps

provided outside the premises. In so far as, the inter-state variations are concerned Kerala

and Bihar stand out as two different cases. Kerala has the tradition of depending on wells,

which are usually located within the premises. This in the lower dependence of households

on public water supply, especially in the rural areas, Bihar, on the other hand, is the only

state that shows significant inequality between the SC and non SC/ST household.

Untouchability and Decent Based Discrimination

Though Indian castes and institutions are apparently linked with religion, they are

not so. These institutions have been necessary to protect us as a nation, and when this

necessity for self-preservation will no more exist, they will die a natural death. Caste is a

social custom and India reality.

In spite of all the ravings of the priests, caste is simply a crystallized social

institution, which after doing its service is now filling the atmosphere of India with its

stench, and it can only be removed by giving back to people their lost social individuality.

Caste is simply the outgrowth of the political institutions of India; it is a hereditary trade

guild. Trade competition with Europe has broken caste more than any teaching.

Untouchability has its roots in India’s caste system, which is supposed to be more

than 1,500 years old. A Hindu can belong to a particular caste by virtue of his/her birth and

the lower caste or the out-cast Hindus can never escape this tortured ordeal till his/her

death. The caste system in India is often described as the longest surviving social

hierarchy, a defining feature of which involves complex stratification of social groups

based on ritual purity. There are four basic caste groups, also known as ‘varna’, and in

order of precedence they are the Brahmins (priests and the teachers), Ksyatriyas (rulers and

soldiers), Vaisyas (merchants and traders), and Shudras (labourers and servants). Shudras,

the lowest caste of the four, are supposed to serve the higher castes. Besides these principal

castes, there are thousands of sub-castes also known as ‘jatis’. These are all endogamous

(marrying within the same caste only) groups that are further divided along occupational,

sectarian, regional, and linguistic lines.

A fifth category falls outside the four broad Varna groups; people too ‘impure’ to

rank as worthy beings were known as the ‘Achuts’ or Untouchables. They were (and still

are) often assigned tasks like sweeping, cleaning up filth, disposing of dead animals,

leather work and other ‘polluting jobs’ that were beyond the purview of the caste Hindus.

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Nowadays the word ‘Dalit’ is the most acceptable word used to address this section of

society that means ‘broken, discriminated or shattered people’. Dalits are also further

divided into more than seventy sub-castes.

In 1932 the nomenclature SCs was proposed before the Indian franchise Committee

by the then provincial Government of Bengal2. Accordingly, in Government of India Act,

1935, a Schedule was added containing a list of these classes. Thus, for the first time the

classes mentioned in the Scheduled were classified as SCs. Prior to this they were

classified as the ‘Depressed Classes’. The constitution of India vide Article 3413

authorized the president to specify castes to be notified as SCs. Various presidential orders4

from 1950 to 1978 thereupon, notified, modified and amended statutory of the SCs in

various parts of the country.5 The constitution attempts to classify the SCs had their

genesis in the Draft Constitution of India in the Article related to interpretations,

definitions etc. In the constitution of India, unless the context otherwise requires, the

following expressions have the meaning assigned to them as:

a) Schedule’ means Schedule to the constitution;

b) Scheduled Caste means such castes, race or tribes or parts of or groups within

castes, races, or tribes as are deemed under Article 341 of the constitution to be the

Scheduled Castes for purposes of the constitution.6

It is apparent therefore, that no clear definition of the SCs can be ascertained from the

above.7 Though the constitution, while providing equal opportunities to all, irrespective of

race caste, religion recognizes the relative deprivation and discrimination and provide

certain concessions there upon, it is pertinent both for the purpose of this report and

otherwise that an attempt is made to arrive at an operational definition of the SCs8.

As is perceptible from the above, Article 341 (1) of the constitution primarily notifies

castes to be categorized as SCs and Article 341 (2) concerns itself with the inclusion and

exclusion of various castes into the category notified as SCs. The president of India

consultation with the Governor of the concerned state notifies the former and the latter’s

promulgated by the parliament.9 Apart from this, it is also equally important to understand

that untouchability is not a legal term. In the absence of a legal term it is impossible to

define who is an untouchable and who is not. Untouchability therefore, is a social concept,

which has become embodied in customs and as the customs vary so does the extent of

discrimination and deprivation.

In the traditional and formal sense, the caste system is characterized by three

interrelated and highly intertwined principles. These are the ascription of social, cultural,

religious and economic rights for each caste; the unequal and hierarchical division of these

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rights between the castes and the provision of strong social ostracism mechanisms

supported from social and religious ideologies.

While the first two principles define the frame work of the caste system, the third

principle designates the social mechanisms for its enforcement. Social ostracism is

normally characterized and enforced by numerous penalties against the violation of

customary rules, norms and boundaries of caste system. The forms of social ostracism vary

from social and economic boycott to various types of physical punishments meted to the

low caste SCs, particularly those who initiate change and display mobility of sorts as

against the traditional rules of caste behavior. Since the customary rules of caste derive

support from some elements of the Hindu religious philosophy, deviation from the moral

code of the caste conduct invites social ostracism and various forms of atrocities against

the SCs and it is considered to be socially just and morally right.

Within the scope of secular public sphere, the practice of untouchability was

categorized by the study into residential segregation, denial of access and discriminatory

treatment in basic public services, and discriminatory restrictions on public behavior. It is

equally important to mention here that though the issue of the practice of untouchability in

economic and market spheres does not fall within the ambit of the secular public sphere

but the study found that it was ubiquitous and practiced vehemently.

Contextualizing the longstanding and historical nature of caste discrimination in rural

India, the most visible and often, the most taken for granted aspects to untouchability in the

public sphere is the residential segregation of the SC households. Caste segregation

neighborhoods tend to be rule, rather than the exception in the Indian villages and the

dwellings are usually clustered on caste-basis. However, the SC neighborhoods are unique,

in the sense that is subjected to specific and very severe sanctions, not imposed on other

caste clusters. The starkest form of location sanction is the social expulsion-expressed in

palpably physical-spatial forms of the SC settlement beyond the social boundaries of a

respective village.

The notion of purity and pollution has been particularly resilient in relation to drinking

water sources. The study also confirmed the fact and found that persistent conflicts were

reported with regards to drinking water. While complete denial of access to a particular

water source designated as upper caste was quite common, what was even more common

was the imposition of deferential behavior on the SCs. This generally consisted of having a

wait for Non SC/ST to fill water first or vacating the well if Non SC/ST arrive; ensuring

that they wait on one side of the water source, and that their vessels do not touch those of

the upper caste persons who are drawing water or waiting for their turn, and so on. It was

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hardly surprising that continual friction on this score lead to major fights and at the very

least it forces the SCs to seek alternative water sources wherever feasible.

In over one thirds of the villages survived, the SCs were denied entry into village

shops. This usually meant that the SCs were not allowed to come up to the counter like

other customers, but were made to wait outside from the shop. The shopkeepers would put

the things to be sold on the ground for the SCs to pick them up; similarly, money was not

directly accepted from the SCs, who had to leave it somewhere for the shopkeeper to pick

up. Clearly, money too, was unable to dissolve untouchability’ even though the SCs and

the Non SC/STs paid in the same currency, they were still made to observe humiliating

rules of public subservience.

In fact, the social status of the castes providing these services-washer-men and barber

is itself dependent on their denying the SCs for that is the condition upon which the Non

SC/ST will accept their services. Discrimination by washer-men and barbers was found to

be present in as many as 46-47 percent of the villages surveyed. Even where such

discrimination was not actively practiced by the service providers, the ingrained effects of

custom was so strong that the SCs themselves tended to differ to the upper castes and

accept subordination in order to avoid trouble.

In about one third of the villages, the teashops discriminated against the SCs by asking

them to be seated separately and were served in separate utensils, which were usually to be

washed by the SC customers themselves. Village teashops were often the source of

recurring friction between the SC and the Savarnas villagers.

Untouchability, is not a trait that defines particular people, but a relationship between

people. One of the distinguishing features of this relationship is that it requires the

continual reproduction of public signs proclaiming the ‘inferiority’ of those marked as

‘untouchables’ relative to the rest of society. Thus, the institution of untouchability is

partly sustained through the imposition of discriminatory sanctions on behavior in public

sanction which makes it incumbent on the SCs to behave in ways that announce their low

status and as a corollary, underline the ‘superior’ status of the upper castes. Upper castes

society is extremely sensitive to violations of this public, highly visible code and

transgression immediately invites retribution.

Apart from the physical behavior, this regime also involves a strict dress code. Since,

the upper caste consider them dirty and unclean, it is up to the SCs to ensure that this upper

caste image is not contradicted- in other words, the SCs must stand in the presence of the

upper caste men specially if they happen to be older; they must not make eye contact with

members of the upper caste but stand with head bowed. They must not laugh too loud,

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point fingers or wave their arms about. They must not stand erect, or walk with a swagger,

or appear to be strolling. In short, they must not do anything that might make the upper

castes feel that they are getting uppity.

State, Caste and Human Rights

After independence, the Indian state in recognition to the highly stratified social

order based on the caste system committed to a socially just and egalitarian social order, it

recognized that the two social groups, the SCs and STs had been the victims of irrational

prejudices and as a result had been historically marginalized and excluded, especially, in

the realm of public services.

In view of this position, the Indian constitution, promulgated in 1950, not only

recognized the SCs and the STs as the most vulnerable groups in need of special protection

but also incorporated within itself provisions of affirmative action or compensatory

discrimination. This meant providing for reservation of jobs in the public sector and

reservation of seats in educational institutions and the legislative bodies for the SCs and

STs.

The constitution grants Dalits certain privileges that include reservations (meaning

quotas) in education, government jobs, and government bodies. The Scheduled Castes and

Scheduled Tribes (Prevention of Atrocities) Act, 1989 was enacted to prevent abuses

against members of the Scheduled Castes and the Scheduled Tribes. The law, however, has

benefited few as its implementation is weak. The National Commission for Scheduled

Castes and Scheduled Tribes in its 1997 report highlighted: “Whenever Dalits have tried to

organize themselves or assert their rights, there has been a backlash from the feudal lords

resulting in mass killings of Dalits, gang rapes, looting, and arson etc. of Harijan (Dalit)

bastis (villages)”. According to government statistics, in 2001 there were 24,792 registered

criminal cases that included murder and rape committed against Scheduled Castes. Yet, it

is believed that this is only a tip of the iceberg as the majority of cases are not reported,

especially in rural areas. Even registering a case does not ensure conviction of the culprits.

Every year, even though more than 1,000 cases are registered, actual convictions are just a

meager one to three. Dalit women are often sexually harassed and assaulted by men of the

upper castes. There are many reports where Dalit women have been stripped and even

paraded naked for showing dissent, demanding more wages from landowners, or even for

crossing the path and not bowing in front of the men of upper castes.

The Scheduled caste constitutes more than 17% of the total population. According

to 2001 census report there are 166635700 scheduled castes population in India out of

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which 86088760 are male and 80546940 are female. The social groups are among the most

subordinate and poorest in India. The deprivation of these groups is associated with the

historical processes of economic and social exclusion and discrimination based on caste.

Total Population of Scheduled Caste in India10

Major States 1981 1991 2001

Andhra Pradesh 7961730 10592066 12339496

Assam N.A. 12571700 1825949

Bihar 10142368 1659412 13048608

Bihar (Includes Jharkhand) 10142368 1659412 16237928

Gujarat 2438297 3060358 3592715

Haryana 2464012 3250933 4091110

Himachal Pradesh 1053958 1310296 1502170

Jammu & Kashmir 497363 N.A. 770155

Karnataka 5595353 7369279 8563930

Kerala 2549382 2886522 3123941

Madhya Pradesh 7358533 9626679 9155177

M P (Includes Chhattishgarh) 7358533 9626679 11573899

Maharastra 4479763 8757842 9881656

Orissa 3865543 5129314 6082063

Punjab 4511703 5742528 7028723

Rajasthan 5838879 7607820 9694462

Tamil Nadu 8881295 10712266 11857504

Uttar Pradesh 23453339 29276455 35148377

U P (Includes Uttaranchal) 23453339 29276455 36665563

West Bengal 12000768 16080611 18452555

Other States & UTs

Arunachal Pradesh 2919 4052 6188

Chhattishgarh 2418722

Goa 23432 24364 23791

Goa (Includes Daman & Diu) 23432 28255 28629

Jharkhand 3189320

Manipur (Excl. 3 Sub-divisions in 2001) 17753 37105 60037

Meghalaya 5492 9072 11139

Mizoram 135 691 272

Nagaland 0 0 0

Sikkim 18281 24084 27165

Tripura 310384 451116 555724

Uttaranchal* 1517186

Andaman & Nicobar Islands 0 0 0

Chandigarh 63621 105977 157597

Dadra & Nagar Haveli 2041 2730 4104

Daman & Diu 3891 4838

Delhi 1121643 1794836 2343255

Lakshadweep 0 0 0

Pondicherry 96636 131278 157771

India 104754623 138223277 166635700

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After independence special provisions has been included in the constitution to

safeguard the rights of Scheduled Castes and Scheduled Tribes to protect from all shorts of

discrimination, But because of the non activeness of the Indian politicians and bureaucrats,

it could not achieved the target specified by the father of the constitution Dr. Ambedkar.

The perpetual threat and violence and atrocities against the SCs and the deep-

entrenchment of caste discrimination prompted the Government to promulgate the SC/ST

POA Act on August 1989, which came in to force on 30th

January 1990. An additional

reason for legislating such an Act was related to the fact that the Anti-Untouchability Act

of 1955 or to be says the Civil Rights in 1979 and the IPC, in spite of their deterrent penal

and punitive provisions, proved inadequate in curbing atrocities, especially offences

committed on castes groups. Therefore, the government felt the need to have additional

legal protection, particularly, with regard to the SCs. The objectives of the Acts clearly

emphasized the intention of the government to deliver social justice and to enable the SCs

to live with dignity and without the fear of violence and atrocities. The perpetuation of

atrocities against the SCs is not a new phenomenon. The social behavior by the SCs

contrary to the customary rules and norms of the caste system, their assertion towards

seeking basic human rights and equality invite the wrath of the higher castes. It is more or

less evident that the atrocities committed on the SCs present a pattern, which is reflective

of the continuing influence of the customary rules and norms of behavior of the caste

system and the intertwining of the moral and the legal.

The extent, magnitude and nature of various crimes committed against the SCs are

mimetic of the incivility and violent character of the caste system. The regular reportage of

cases of atrocities against the SCs is indicative of the fact that discrimination and

untouchability are still being practiced and the traditional mechanism of its enforcement

are still in vogue. The predicament of the untouchability community is such that even the

provision of equal citizenship as guaranteed by the constitution has become a farce in

several spheres, if not in all.

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Incidence of Crimes Committed against Scheduled Castes during 200111

States Murder Hurt Rape Kidnapping

& Abduction

Dacoity Robbery Arson PCR

Act

POA

Act

Other

Offences

Total

Andhra Pradesh 45 518 69 22 3 2 6 312 950 1006 2933

Arunachal Pradesh 0 0 0 0 0 0 0 0 0 0 0

Assam 0 4 0 0 0 1 1 0 0 0 6

Bihar 28 378 35 8 2 1 17 81 513 240 1303

Chhattisgarh 8 101 52 8 0 1 0 1 164 166 5.1

Goa 0 0 0 0 0 0 0 0 1 0 1

Gujarat 17 284 15 20 8 17 9 16 356 500 1242

Haryana 7 76 25 15 0 0 5 1 33 67 229

Himachal Pradesh 1 1 7 0 0 0 0 4 41 56 110

Jammu & Kashmir 1 5 1 0 0 0 0 0 0 3 10

Jharkhand 6 37 11 4 1 0 2 0 35 62 158

Karnataka 22 181 20 1 1 3 0 94 983 316 1621

Kerala 5 169 75 0 0 0 2 0 121 127 499

Madhya Pradesh 72 663 305 31 1 9 50 1 435 2645 4212

Maharashtra 14 48 51 5 4 3 5 61 146 288 625

Manipur 0 0 0 0 0 0 0 0 0 0 0

Meghalaya 0 0 0 0 0 0 0 0 0 0 0

Miz oram 0 0 0 0 0 1 0 0 0 0 1

Nagaland 1 0 0 0 0 0 0 0 0 0 1

Orissa 9 380 44 7 0 4 13 12 645 620 1734

Punjab 5 14 10 4 0 0 0 1 49 51 134

Rajasthan 51 419 151 35 0 5 47 0 2965 1219 4892

Sikkim 0 2 0 2 0 2 0 0 0 0 6

Tamil Nadu 38 422 27 16 5 1 18 22 682 1105 2336

Tripura 0 0 0 0 0 0 0 0 1 1 2

Uttar Pradesh 423 821 412 219 16 83 178 12 4885 3683 10732

Uttaranchal 10 23 2 3 0 0 1 0 84 45 168

West Bengal 0 1 3 0 0 0 0 0 5 1 10

Total (States) 763 4547 1315 400 41 133 354 618 13094 12201 33466

Indian Territories

A & N Islands 0 0 0 0 0 0 0 0 0 0 0

Chandigarh 0 0 0 0 0 0 0 0 0 0 0

D & N Haveli 0 0 0 0 0 0 0 0 0 0 0

Daman & Diu 0 0 0 0 0 0 0 0 0 0 0

Delhi 0 0 0 0 0 0 0 0 0 0 0

Lakshadweep 0 0 0 0 0 0 0 0 0 0 0

Pondicherry 0 0 0 0 0 0 0 0 0 0 0

Total (UTs) 0 0 1 0 0 0 0 15 19 0 35

Total (All India) 763 4547 1316 400 41 133 354 633 13113 12201 33501

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Incidences of Violation of Civil Rights and Atrocities against the SCs in India,

(1999-2001)12

State Incidence of Total Crime Percentage

of Crime to

All India

Rate per

Lakh

Rank

1999 2000 2001 Average

of 3 yrs

Andhra Pradesh 1749 1582 2933 2088 7.5 2.8 06

Assam 07 11 06 08 0.0 0.0 15

Bihar 820 741 1303 955 3.4 1.2 11

Gujarat 1781 1332 1242 1452 5.2 2.9 05

Haryana 121 117 229 156 0.6 0.7 12

Himachal Pradesh 54 52 110 72 0.3 1.2 10

Karnataka 1277 1329 1621 1409 5.0 2.7 07

Kerala 514 467 499 493 1.8 1.5 09

Madhya Pradesh 4667 4631 4212 4503 16.1 7.5 02

Maharashtra 605 489 625 573 2.0 0.6 13

Orissa 772 793 1734 1100 3.9 3.0 04

Punjab 39 34 134 69 0.2 0.3 14

Rajasthan 5623 5190 4892 5235 18.7 9.3 01

Tamil Nadu 883 1296 2336 1505 5.4 2.4 08

Uttar Pradesh 6122 7330 10732 8061 28.8 4.9 03

West Bengal 00 00 10 03 0.0 0.0 16

India 25093 25455 33501 28016 100 2.7

Incidence of Crime against the SCs

(Under the SC & ST Prevention of Atrocities Act, 1989)13 State/UT No. of cases reported

during the year 2002

No. of cases reported

during the year 2001

Madhya Pradesh 6,758 4,432

Uttar Pradesh 5,841 9,764

Rajasthan 5,464 5,915

Andhra Pradesh 1,806 2,020

Orissa 1,274 1,277

Karnataka 1,232 1,214

Gujarat 1,167 1,217

Chhattishgarh 920 902

Tamil Nadu 917 828

Bihar 876 693

Maharashtra 812 797

Kerala 469 499

Jharkhand* 93 155

Uttaranchal 78 132

Haryana 63 68

Punjab 60 56

West Bengal 27 10

Delhi 17 17

Himachal Pradesh 14 17

Goa 2 1

Daman & Diu 2 0

Andaman & Nicobar Islands 1 1

Dadra & Nagar Haveli 1 5

India 27,894 30,022

If we look at the type of crime and atrocities we get to know that on an average 553

murder, 2990 hurt, 191 rape, 184 kidnapping/abduction, 47 dacoity, 127 robbery, 456

arson, 1403 caste discrimination and 8179 cases of atrocities were registered by the SCs

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during the 1990.14

The various provisions and safe-guards granted by the constitution of

India to the scheduled castes are as stated below

Article-15(4):

Nothing in this article or clause (2) of the article 29 shall prevent the state from

making provisions for the advancement of any socially and educationally backward classes

of citizens or for the scheduled castes and scheduled tribes.

Article- 16(2):

No citizen shall, on grounds only of religion, race, caste, sex, decent, place of birth,

residence, or any of them be ineligible for, or discriminate against in respect of, any

employment or office under the state.

Article- 16(4):

Nothing in this article shall prevent state from making any provisions for the

reservation of appointments or posts in favour of any backward class of citizen which, in

the opinion of the state is not adequately represented in the services under the state.

Article- 16(4)A:

Nothing in this article shall prevent the state from making any provision for

reservation in matters of promotion, with consequential seniority, to any class or classes of

posts in the service under the state in favour of the scheduled castes and the scheduled

tribes, which in the opinion of the state, are not adequately represented in the services

under the state.

Article-17:

Untouchability is abolished and its practiced in any form is forbidden, the

enforcement of any disability arising out of untouchability, shall be an offence punishable

in accordance with law.

Article- 46:

The state shall promote with special care the educational and economic interest of

the weaker sections of the people, and in particular, of the scheduled castes and the

scheduled tribes.

Article-243:

Seats shall be reserved for the scheduled castes and scheduled tribes in the

panchayats.

Article- 243(2):

Not less than one third of the total number of seats reserved under Claus (1) shall

be reserved for women belonging to the scheduled castes and scheduled tribes.

Article- 243(3):

14

Not less than one third (including the number of seats reserved for women

belonging to the scheduled castes and scheduled tribes) of the total number of seats to be

filed by direct election in every panchayats shall be reserved for women and such seats

may be allotted by rotation to different constituencies in a panchayats.

Article-243(4):

The offices of the chairpersons in the panchayats at the village or any other level

shall be reserved for the scheduled castes and scheduled tribes and women in such a

manner as the legislature of the state any by law.

Article-243T:

Seats shall be reserved for the scheduled castes and scheduled tribes in every

municipality and the number of seats so reserved shall bear, as nearly as may be, the same

proportion to the total number of seats to be fulfilled by direct election in the municipality

as the population of the scheduled caste in the municipal areas or of the scheduled tribes in

the municipal areas bears to the total population of the of that area as such seats may be

allotted by rotation to different constituencies in a municipality.

Article- 243T (2):

Not less than one–third of the total number of seats reserved under clause (1) shall

be reserved for the women belonging to the scheduled castes and scheduled tribes.

Article-243T (3):

Not less than one-third of the (including the number of seats reserved for women

belonging to the scheduled castes and scheduled tribes) of the total number of seats to be

filled by direct election in every municipality shall be reserved for women and such seats

may be allotted by rotating to different constituencies in a municipality.

Article- 342T (4):

The offices of chairpersons in the municipalities shall be reserved for the scheduled

castes and scheduled tribes and women in such a manner as the legislature of the state may

by law provided.

Article- 330:

Reservation of seats for scheduled castes and scheduled tribes’ in the house of the

people.

Article- 330 (2):

The number of seats reserved in any state or Union territory for the scheduled

castes and scheduled tribes under clauses(1) shall bear, as nearly as many be the same

proportion of the total number of seats allotted to that states or union territory in the House

of the People as the population of the scheduled castes in the states or union territory of the

15

scheduled tribes in the state or union territory or part of the state or union territory, as the

case may be in respect of which seats are so reserved, bears to the total population of the

state or union territory.

Article- 334:

Reservation of seats and special representation to cease after sixty years,

notwithstanding anything in the forgoing provisions of this part, the provision of the

constitution related to:

Article- 334a:

The reservation of seats for the scheduled castes and scheduled tribes in the house

of the people in the Legislative Assemblies of the states by nomination.

Article- 335:

Claims of scheduled castes and scheduled tribes to services and posts- The claim of

the members of the scheduled castes and scheduled tribes shall be taken into consideration,

consistently with the maintenance of efficiency of administration, in the making of

appointments to services or posts in connection with the affairs of the Union or of a state.

Provide nothing in this article shall prevent in making of any provision in favour of

the member of the scheduled castes and scheduled tribes for relaxation in qualifying marks

in any examination or lowering the standards of evaluation, for reservation in matters or

promotion to any class or classes of services or posts in connection with the affairs of the

Union of a state.

Article- 338:

There shall be a commission for scheduled castes or known as the National

Commission for the Scheduled Castes. Commission looks into the matters of the problems

and caste based discrimination against scheduled castes, and work for the safeguards of the

scheduled castes.

Article- 338A:

There shall be a commission for scheduled tribes or known as the National

Commission for the Scheduled Tribes. Commission looks into the matters of the problems

and caste based discrimination against scheduled tribes, and work for the safeguards of the

scheduled tribes.

Article- 341(1):

Provision for Scheduled Castes:

The president may with respect to any state or union territory, and where it is a

state, after consultation with the Governor thereof, by public notification, specify the

castes, race, or tribes, or part of or groups within castes, races or tribes which shall for the’

16

purpose of this constitution be deemed to be scheduled castes in relation to that state or

Union Territory, as the case may be.

Article- 341(2):

Parliament may by law include in or exclude from the list of scheduled castes

specified in a notification issued under clauses (1) any caste, race or tribe or part of or

group within any caste, race or tribe, but save as aforesaid a notification issues under the

said clauses shall not be varies by any subsequent notification.

Article- 342 (1):

Provision for Scheduled Tribes:

The president may with respect to any state or union territory, and where it is a

state, after consultation with the Governor thereof, by public notification, specify the

tribes, or tribal communities or parts of or groups within tribes or tribal communities which

shall for the’ purpose of this constitution be deemed to be scheduled castes in relation to

that state or Union Territory, as the case may be.

Article- 342 (2):

Parliament may by law include in or exclude from the list of scheduled tribes

specified in a notification issued under clauses (1) any caste, race or tribe or part of or

group within any tribal community, but save as aforesaid a notification issues under the

said clauses shall not be varies by any subsequent notification.

Caste-based discrimination maybe abolished by law in India but it remains a major

cause why backward classes, especially the Dalits, remain confined to menial tasks like

manual scavenging and removal of dead animals, and other dirty works.

Affirmative action has been able to assist only a small number of Dalits in finding

formal jobs but has failed to provide even and equal opportunities to all, the report added.

"Violence, discrimination and segregation are a daily experience for millions of men and

women in several regions of the world. But the practice (of discrimination that is rooted in

caste or similar systems) is most widespread in South Asia, particularly in India and Nepal.

Discrimination implies holding prejudiced behavior against any particular

individual(s) because of her/his caste location through upholding the regressive, unequal

and undemocratic characteristics of caste. This behavior of the upper caste against lower

caste is upheld in order to maintain the status-quo in their favour. Discrimination can be

latent, manifest, open or subtle. It is in mind and conscience. It is a mind-set that operates

within a given situation. It is felt and experienced and has manifold implications.

Discrimination goes against universally accepted values of Human Rights,

democracy and citizenship enshrined in our Constitution. The Constitution of India

17

provides for positive discrimination as a compensatory measure in order to do away with

the historical wrongs committed against the Scheduled Castes and Scheduled Tribes.

However, the institution and practices built upon the caste system have repeatedly proved

to be a stumbling block for lower castes/tribes to achieve the constitutional principles as

well as other democratic and citizenship rights.

The injustice and inequality in India exist in the worst form by way of social

stratification and hierarchy that are directly linked to religion and caste. An analysis of

intersecting ways in which institutions and practices built upon caste system reproduced

norms and beliefs about the social inferiority (and consequent economic and political

inferiority of certain castes) and thus also explain how social and economic privileges are

distributed, who gains and who is excluded.

Caste-intensified discrimination refers to the fact that women and men of lower

caste location suffer all forms of discrimination of men and women of the same class but in

intensified form. Thus, for a given class, lower caste women and men are more likely to

command less control over assets and resources, will also be more dependent on upper

castes for labour rewards, social respect and other developmental benefits.

Caste-specific discrimination refers to specific form of discrimination based on

cultural norms, beliefs, practices and customs deriving its legitimacy from the principles of

caste system and religion. Thus, graded inequality embedded in the caste system dictates

that certain occupations like performing pooja, teaching-learning and agriculture are

considered pure and superior and upper castes only have the `rightful' right to perform,

while occupations like scavenging, sweeping, shoemaking, haircutting are impure and

polluting and are performed by lower castes. Further, this understanding of purity and

pollution also throws up the practice of untouchability, physical/social

distance/segregation, private/public life, language demeaning to intrinsic human value.

Caste-imposed discrimination refers to the fact that caste inequality has been

socially constructed through age-old norms, customs and practices to protect social,

political and economic interest. This has given more power to some social groups. These

groups try to dictate and are successful to an extent in imposing their own world-view,

their own norms, beliefs and cultural practices on other depressed social groups. This

leaves little chance of multi-cultural community to co-exist peacefully and democratically.

The last category refers to the fact that caste inequality, practice of untouchability

etc. may have been socially constructed but the members of the lower castes have

internalized it and consider this position divinely given in the human order. This makes

them willingly submit to the dictates of upper caste whims and fancies.

18

Thus, the combinations of forms of discrimination discussed above help to socially

construct and get accepted a particular nature of formal and informal social, political and

economic institutions which favour certain social group over others. This results in some

social groups to command and control public goods, get hierarchies of power and decision

making and consequent less of social status and less access to related tangible (educational

qualification, white collar jobs, productive resources etc.) and intangible (pride in one's

own cultural practices and customs, identity etc.) assets to depressed social groups.

Discrimination in Political Sphere

Political rights can be defined as legal claims by citizens to participate in the

democratic governance and to be treated fairly. Political rights would include the right to

vote, petition, assemble and seek public office etc. whenever the SCs assert their political

rights or try to alleviate that assertion of political identity translate itself into wielding of

power. Who yields it and who controls it therefore, becomes important?

When the SCs assert their political rights such as participation in universal adult

suffrage, mobilization of political mileage, representation and election of a SC community

members in state and democratic institutions and mobilizing as a pressure group etc they

face resistance from the higher castes.

Specifically, the nature of atrocities involves denial of right to vote and elect,

removal and non-inclusion of the names of the SC community members from the voting

rolls, discrimination by panchayats (not allowing nominations to be filled for elections to

seat reserved in panchayats for the SCs), attack and murder of emerging SC leaders,

political discrimination, intimidation and beating of SC community members, arson, rape,

murder and naked parading of SC women to name few. Due to the sensitive nature of

political participation and enhancement of social status thereupon, acts of commission and

omission are regularly perpetuated upon the members of the SC community.

There is a plethora of evidence in this regard. In spite of seats being reserved for

the SCs in the various local self-governments, legislatives bodies of the state and even the

parliament, the SC representation is but, marginal. This renders the percolation of the

democratic processes in the society on a limited scale.

Discrimination in Education

Education forms one of the pivotal and vital factor input in the process of human

capacity and capability building. In fact, education and development are thought to be

mutually and inextricably linked. Therefore, the cognitive and constructive dimensions of

19

education apropos the furthering of social and economic development of a country are

central to the process in itself.

Literacy is defined as an ability to read and write an understanding in any language.

This conception of literacy is applicable to a population of seven years and above. Literate

population according to the census, therefore, includes all those who have acquired literacy

through the means of formal education or otherwise irrespective of the stages of education.

According to the 2001 census, there are over three hundred million literate persons in the

age group 7 and above. Of these, the literate SCs constitute about twenty percent or sixty

two million approximately.

The NSS 55th

Round (1999-2000) reports that there were over forty one percent SC

households in the rural areas. That did not have a single literate member aged fifteen and

above. The magnitude of literacy among the SC females becomes starker with the survey

reporting that nearly three-fourths of the SC rural households did not have literate females.

Much has been written in India on policies, plan and out of partial failure of

Primary education system in Rural India. States as well as National government in India

also taking the issue of general education in general and primary education in particular

seriously in terms of new and special innovative plan, involving NGO’s in this line,

providing democratic platform to discuss the issue openly etc15.

In spite of good policies and plan, participation by the national and international

NGOs, participation by eminent scholars in terms of research and policy things has not

changed. One reason behind this may be during the whole process of struggle the real issue

is not addressed properly. With strong evidences it can be claimed that the issue of “social

exclusion” is by passed during the process.

In Indian context the Scheduled Caste and Scheduled Tribe peoples are historically

discriminated, excluded and suppressed in all spheres of life16

. “Scheduled Caste” people

are discriminated and excluded by virtue of their caste identity where as Scheduled Tribes

people are discriminated and excluded on the ethnicity ground. This clearly reflected in

any social and economic indicators compared across social groups

Discrimination exists in all walks of Dalit children’s life. School is an institution

which aims to develop the personality of learners to the fullest extent. It aims to create a

secular and free society ensuring dignity of individuals.

For a Dalit child in India this seems to be an unfulfilled dream. They have to face

discrimination everywhere they go. School, being a part of larger society also discriminate

with children. The aim of this group was to collect the experiences of school going

20

children, right from their village to all the activities of school. Following are the children’s

experiences of school going Dalit children:

All the schools are located in non-Dalit habitations. None of the children reported

of any alternative or innovative school programme in their habitations. Children have to

walk for about half an hour to reach to school. While going to school they have to pass

from the non Dalit habitations. In these habitations Dalit children have to face lot of

humiliation and insults.

Children said that when non Dalits come to know the caste backgrounds, they start

discriminating with them. They are beaten by non Dalit children. They are called by their

caste names and people make lot of jokes about them. Following words are used by non

Dalits:

If any conflict occurs in the class room then non Dalit children beat them up in their

localities. Some children reported of their book having been torn by non Dalits.

At some places, the route to school is very dangerous. In Banka and Koilvur, Patna district

children have to cross some river streams. Children said that if there is any problem then

they do not get any help from non Dalits. Most of the time children are late to school due

to these problems. In such cases, they have to face punishment from teacher.

At an all India level the percentage share of the SC male and female population to

the total SC population in 1981 was 51.75 percent and 48.25 percent respectively.

Similarly, in 1991 the percentage share was 52.75 percent and 47.96 percentage points and

in 2001 the percentage figures stood at 51.66 and 48.44 percentage points respectively.

Thus it is evident from the figures that an all India level, the percentage of the SC males’

population to the SC female population has been steadily increasing over the Census

year17

.

The government of India while recognizing the problem of the SC women has

specifically formulated and designed programmes for their empowerment and welfare.

While the SC women share some of the common problems of gender discrimination with

other women, they also suffer from the unique problems specific to them. The problem of

the SC women relates to extremely low literacy and education level, heavy dependence on

wage labour, discrimination in employment and wages, heavy concentration in unskilled

low paid and some times hazardous manual jobs. They are also subjected to violence and

exploitation and particularly become the victims of religious and social superstitions.

Therefore, in each of the programmes related to economic empowerment,

educational development and gender related issues focus is given to the SC women.

Specific schemes and legislation have passed to address the problem of atrocities and

21

violence against them. The Government believes that the key to empowering Dalit women

lies in the interface between the economic and social aspects.

Therefore, core mechanism of Self Help Groups (SHGs) with both financial (saving

and lending) and community action objectives are incorporated in every scheme of the

government. Further, several credit based subsidy projects, education projects, projects to

reduce malnutrition etc. are specifically designed and implemented for SC women. Four of

the main processes18

that could lead to women’s empowerment and are to be incorporated

in every scheme of the government firstly, changes in women’s mobility and social

interaction; secondly, changes in women’s labour patterns; thirdly changes in women’s

access to and control over resources, and finally, changes in women’s control over decision

making.

For the census year 1991-2001, the highest annual compound growth rates for the

SC male and female population were from the state of Manipur, Arunachal Pradesh and

Bihar. In Manipur, the annual compound growth rates for SC male and female population

were 4.76 and 5.10 percentage points whereas in the state of Arunachal Pradesh and Bihar,

they stood at 3.72 and 5.52 percentage points for the SC male population and 5.23 and

2.67 percentage point SC female population respectively. The all India averages in 1991-

2001 for the SC male and female population stood at 1.81 and .97 percentage points and

again a cursory glance at the data mentioned above was indicative of the fact that firstly,

the annual compound growth rates of the SC males and females were higher than all India

averages and secondly, the annual compound growth rates of the SC female population

were higher than those for the SC male population.

For the census year 1981-2001, the highest annual compound growth rates for the

SC male and female population were for the states of Manipur, Maharastra and Arunachal

Pradesh. In Manipur, the annual compound growth rates for the SC male and female

population were 6.15 and 6.42 percentage points, whereas, in the states of Maharastra and

Arunachal Pradesh, the annual compound growth rates for SC male and female population

stood at 4.46 and 3.42 percentage respectively. The annual compound growth rate of

Mizoram, particularly for the SC female population (17.4) very high for the census period

1981-2001 for the SC male and female population were 2.34 and 2.36 percentages in 1981-

2001 for the SC male and female population were 2.34 and 2.36 percentage points

respectively. The situation again was not very different from the 1981-1991 and 1991-2001

census as in 1981-2001; too, the all India averages and also the annual compound growth

rates for the SC female population were higher than those for the SC male population.

22

Conclusion

The experience of the last fifty years of the government programs and general

policies on the empowerment of the SCs are symptomatic of the fact that there has indeed

been some improvement in the status of the SCs. Presently, about seventeen percent of the

SCs cultivate land; about twelve percent in the rural areas and twenty eight percent in the

urban areas are in business; illiteracy rates have also gone up to thirty seven percent;

unemployment has also reduced the share of the SCs in government services has also

improved and as a consequence of all these positive changes poverty has also declined,

further, evidence suggests that the practice of untouchability and discrimination has also

reduced to some extent in some public spheres.

Notwithstanding these gains in the last fifty years or so, the disparities between the

SCs and the other sections of the Indian society still continue as the SCs lag behind with

respect to a number of development related indicators. In 2000, about two thirds of the SC

rural households were landless and near landless, compared one third among the non

SC/STs. About sixty percent of the SC households still have to depend on wage labour,

compare to one forth of for the non SCs/STs, which is indicative of a much higher level of

dependence.

23

Notes:

1 Velaskar, Padma (2003), National Focus Group on Problems of Scheduled Castes and

Scheduled Tribe Children. Siksha Vimarsh, p.23. 2 Goswami, B., Constitutional Safeguards for Scheduled Castes and Scheduled Tribes,

Rawat Publications, Jaipur and New Delhi, Pp, 25-29. 3 See Constitution of India, articles related to reservations.

4 Ibid. 5 2001, Census of India report on population.

6 Saksena, H.S. (1981), Safeguards for Scheduled castes and Tribes, Uppal Publication

House, New Delhi, Pp.522-539. 7 Parvathamma, C (1976), Scheduled Castes and Tribes: A Social Economic Survey, Ashis

Publishing House, New Delhi, p.4-7. 8 Kusum, Premi (1976), Scheduled Castes and Equal Opportunities, The Indian Journal of

Social work, p.257. 9 Scheduled Castes, Constitutional order 1950.

10 (1) Union Primary Census Abstract SC Population, Census of India 1981& 1991, Series

I, Part (ii). (2) Office of the Registar General of India, Census of India 2001, Compact

Disk. Note: N.A. mean Not Available (1) Census was not held in J & K in 1991and Assam

in 1981. (2) Data for Daman & Diu for the year1981 is included in Goa & * these new

states was formed in the year 2000 (3) No SCs has been scheduled by the president of

India for Nagaland, A & N Islands & Lakshadweep. 11 Source: Crime in India 2001, National Crime Records Bureau, Ministry of Home

Affairs, 2001. 12

All figures represent the number of cases registered under the PCR Act (1955) and SC/ST POA Act (1989).

Source: Crime in India 1999-2001, National Crime Records Bureau, Ministry of Home Affairs. 13

Annual Report on the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 for the Year 2002. 14

Annual report on Scheduled Castes and Scheduled Tribes (prevention of Atrocities) Act 1989 for the year 2002. 15

Khurana,G (1980), Educational Facilities for Scheduled Castes, The Education

Quarterly. Pp.31-35. 16

Ravindranath, M. N (1981), Educational Problems of Scheduled Castes, Educational

Review, p.69. 17 Census of India report 2001. 18

Tamil Nadu women’s Development Project: Completion Evaluation, Report 340-in

International Fund for Agricultural Development, 2000.

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