Dalits and Untouchability

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Dalits and Untouchability

There are 165 million Dalits in India-about 1/6th of the total population.

Who are the Dalits?

• Dalit means "broken people."
• Dalits were formerly known as "untouchables."
• Dalits live at the bottom of India's rigid social order known as the caste system.

What is the caste system?

• The caste system originated around 7 A.D.
• Caste is determined by birth, not race.
• Caste is based upon the Hindu belief that a person's position in life is based upon the good deeds and sins of their past life.
• Caste determines Indians' spouses, friends, occupations and residence.

How many castes are there?

There are four major castes, and hundreds of minor castes. Each caste has specific duties and privileges.

• Brahmins-originally the priests and intellectuals.
• Kshatriyas-soldiers.
• Vaishyas-traders.
• Sudras-performed menial tasks.

Are Dalits in a caste?

• No. A fifth group was created to perform tasks considered too menial or degrading to be performed by caste members.
• Dalits are so low in the social hierarchy that they are outside of the caste system and considered "outcastes."

What is Untouchability?

• Dalits are the manual scavengers, the removers of human waste and dead animals, leather workers, street sweepers and cobblers.
• The mere touch of a Dalit was considered "polluting" to a caste member. Thus, the concept of "untouchability" was born.

Isn't Untouchability illegal?

• The preamble to the Indian Constitution proclaims the goals of social justice and equality.
• Article 14 sets forth the principal of equality and prohibits discrimination in employment and education.
• The Constitution does not set forth a casteless society as a national goal.
• No law has been passed abolishing untouchability.
• The practice of untouchability is a punishable offense, but the law is rarely enforced.

Are there affirmative action programs for Dalits?

• Yes. The Civil Rights Act of 1955, and the Scheduled Castes and Tribes Act of 1989.
• The National commission of Scheduled Castes and Scheduled Tribes was formed to protect Dalit interests and integrate them into society.
• All programs have failed to produce substantive change.

Who called untouchability India's "Hidden Apartheid?"

• In December, 2006, Indian Prime Minister Mannohan Singh became the first Indian leader to acknowledge the parallel between untouchability and the crime of apartheid.
• PM Singh described untouchability as a "blot on humanity" and acknowledged that despite constitutional and legal protections, caste discrimination still exists throughout much of India.

What does it mean
to be a Dalit
in India today?

• Dalits endure segregation in housing, schools and access to public services.
• Dalits are denied access to land, forced to work in degrading conditions and are routinely abused by the police and upper-caste members.
• Dalits suffer discrimination in education, health care, housing, property, freedom of religion, free choice of employment, and equal treatment before the law
• Dalits suffer routine violations of their right to life and security of person through state-sponsored or sanctioned acts of violence, including torture.
• Dalits suffer caste-motivated killings, rapes and other abuses on a daily basis.
• Between 2001-2002 there were 58,000 registered egregious abuses against Dalits and Tribals.
• 2005 government report stated there is a crime committed against a Dalit every 20 minutes.
• Dalits comprise most of the agricultural, bonded and child laborers in the country.
• 2007 government report found 77% of all Indians live on less than $.50 a day and most of them were Dalits.
• Dalit women face additional discrimination and abuse, including sexual abuse by the police and upper caste men, forced prostitution, and discrimination in employment and wages.
• Dalit children face continuous hurdles in education. They are made to sit in the back of classrooms and endure verbal and physical harassment from teachers and other students. The effect of such abuses is confirmed by the low literacy and high drop-out rates for Dalits.

What is the international community doing to end caste discrimination and untouchability?

• 2/1/07, European Union passed a resolution that found India's enforcement of laws to protect Dalits "grossly inadequate. Also found that "atrocities, untouchability, illiteracy and inequality of opportunity, continue to blight the lives of India's Dalits." The resolution called on the Indian government to end caste-based discrimination.
• 2/13/07, Hidden Apartheid Caste Discrimination Against India's Untouchables-113 page joint report was published Human Rights Watch and The Center for Human Rights and Global Justice at Hew York University School of Law. Report found that India systematically failed to uphold its international legal obligations to ensure the fundamental human rights of Dalits, despite laws and policies against caste discrimination.
• 3/9/07, United Nations Committee on Elimination of Racial Discrimination (CERD) found that "de facto segregation of Dalits persists" and highlighted systematic abuse against Dalits including torture and extrajudicial killings, an "alarming" extent of sexual violence against Dalit women and caste discrimination in post-tsunami relief.
• 7/24/07, US House of Representatives passed a concurrent resolution condemning the caste system and untouchability in India.

Know More Verities of Dalit:

In the Indian caste system, a Dalit, often called an untouchable, or an outcaste, is a person who according to traditional Hindu belief does not have any "varnas". Varna refers to the Hindu belief that most humans were supposedly created from different parts of the body of the divinity Purusha. The part from which a varna was supposedly created defines a person's social status with regard to issues such as whom they may marry and which professions they may hold. Dalits fall outside the varnas system and have historically been prevented from doing any but the most menial jobs. (However, a distinction must be made between lower-caste people and Pariahs.) Included are leather-workers (called chamar), carcass handlers (called mahar),poor farmers and landless laborers, night soil scavengers (called bhangi or chura), street handicrafters, folk artists, street cleaners, dhobi, etc. Traditionally, they were treated as pariahs in South Asian society and isolated in their own communities, to the point that even their shadows were avoided by the upper castes. Discrimination against Dalits still exists in rural areas in the private sphere, in ritual matters such as access to eating places and water sources. It has largely disappeared, however, in urban areas and in the public sphere, in rights of movement and access to schools. The earliest rejection of discrimination, at least in spiritual matters, was made as far back as the Bhagavada Gita, which says that no person, no matter what, is barred from enlightenment. Even early Indian texts such as the Rig Veda discourage the abuse of outcastes. The text reads, “Indra, you lifted up the outcast who was oppressed, you glorified the blind and the lame.” (Rg-Veda 2:13:12) There are an estimated 160 million Dalits in India

Terms associated with the Dalit

Dalit is not a caste name. Dalit is the term used in Western countries for the former "Untouchables" of India. Within India, the National Commission for Scheduled Castes has held that the term Scheduled Caste is the proper constitutional usage for those identified as Dalits in contemporary Western literature. Offensive terms used mostly in the past include chura, bhangi, neech, kanjjar, mahar and mirasi. Whereas the terms chura and bhangi are profession-based terms for scavengers, they can serve as general terms for the so-called low-born; others are actual names of the caste. Harijan was a term for untouchable, coined by Mahatma Gandhi, which means Children of God — Hari is another name for the god Vishnu. It is now considered patronising. Neo-Buddhist Dalits try to make 'Harijan' appear as a disgrace to all Dalits as it comes from a Hindu name. This term had already been used, in a different form, by the medieval philosopher Ramanuja who uplifted many backward caste peoples: as Thirukulattar, or People of Holy Clan. (He was probably the first to allow the untouchables into temples, albeit for limited periods).

The word 'Dalit(a)' comes from the Indo-Aryan root dal, and means 'held under check', 'suppressed', or 'crushed', or, in a looser sense, 'oppressed'. Maharashtrian Dalit Activist and poet Namdeo Dhasal made it a symbol of pride to fight against social injustice. He said:

“

Yes, I do feel that the fight to eradicate caste has to be fought by Dalits and caste Hindus together carrying forward the tradition of Adi Shankara, which got broken somewhere in between.

”

It is possible that Dr. Ambedkar borrowed this term from Swami Vivekananda from his quote, "Deena-Dalita-Dukhi Devo Bhava!" ("Service to the weak, the down- trodden and the suffering masses itself is the worship of God")

The usage of the term 'dalit' seems to have originated from the Arya Samaj and their 'dalitoddhâra' (upliftment of the down-trodden). The Arya Samaj had also began the All India Shraddhanand Dalitodwar Sabha especially to specialize in the upliftment of the Dalits.

Dr. B. R. Ambedkar, a Dalit, and one of the leaders of the Indian independence movement, is considered the chief architect of the Indian Constitution, in which Article 17 abolishes untouchability. Ever since, under the aegis of the Constitution of India, a 'Reservation System' (privilege in education and other services given only to the Dalits) has been implemented for the benefit of the 'Dalits' which is a step towards affirmative action.

The terms scheduled castes/scheduled tribes (SC/ST) and non-caste tribes are also used in the Indian legal system to refer to this social group in India.

Social background and origins

In the context of traditional Hindu society, Dalit status has often been historically associated with occupations regarded as ritually impure, such as any occupation involving killing, handling of animal cadavers or night soil (human feces). One million Dalits work as manual scavengers, cleaning latrines and sewers by hand and clearing away dead animals.^[9] Engaging in these activities was considered to be polluting to the individual who performed them, and this pollution was considered to be 'contagious'. As a result, Dalits were commonly banned and segregated from full participation in Hindu social life (they could not enter the premises of a temple), while elaborate precautions were sometimes observed to prevent incidental contact between Dalits and other Hindus.

An estimated 40 million people in India, most of them Dalits, are bonded workers, many working in slave-like conditions to pay off debts that were incurred generations ago. The majority of Dalits live in segregation and experience violence, murder, rape and atrocities to the scale of 110,000 registered cases a year according to 2005 statistics.^[ No one believes these numbers are anywhere close to the reality of crimes committed against Dalits. Most crimes go unreported, and few registered cases ever get to trial.

Historically, there may not have been clear demarcation between Dalit castes and the Shudra castes. Dalits are not a single identifiable race or caste. Instead, like the rest of the Hindu society, they are divided into various subcastes known as 'jātis.

One study found some association between caste status and Y-chromosomal genetic markers seeming to indicate a more European lineage of the higher castes. However, there have been other studies done to indicate no racial and genetic differences between upper and lower castes.Many sociologists, anthropologists and historians have rejected the racial origins and racial emphasis of caste and consider the idea to be one that has political undertones. Sociologist, Andre Béteille, who writes that treating caste as a form of racism is "politically mischievous" and worse, "scientifically nonsense" since there is no discernible difference in the racial characteristics between Brahmins and Scheduled Castes such as the jatav. He writes that "Every social group cannot be regarded as a race simply because we want to protect it against prejudice and discrimination".

Dalit diversity may be due to newly outcast individuals or communities over the years. It is noteworthy that regional tribes that are considered Dalits are sometimes seen by Indians as ethnically distinct. In both northern and southern India it is different. For example, in North India, in places such as Rajasthan they are usually lighter because Rajstahan was invaded several times by light-skinned tribes. In addition they also have different color of eyes and sometimes hair.

Many Dalits who have converted to other religions in the past few centuries continue to retain their Dalit heritage. In the 1991 census, Dalits numbered just over 130 million and constituted more than 16% of India's population,.

Discrimination against Dalits is not limited to the Hindu community. This situation is exacerbated by the fact that non-Hindu Dalit groups have traditionally not been recognized as Scheduled Castes under hiring quota laws. The Dalit Muslims or "Arzal", as well as Dalit Christians form an integral part of the caste system in South Asia among Muslims and Christians. Many Dalit Muslims are discriminated against by the upper-caste "Ashraf" Muslims, and Dalit Christians discriminated against by upper caste Christian priests and Nuns. Dalits and similar groups are also found in Nepal, Pakistan and Bangladesh.

Some Dalits have successfully integrated into urban Indian society, where caste origins are less obvious and less important in public life. In rural India, caste origins are more readily apparent and Dalits remain excluded from local religious life, though this exclusion in its severity is in fact fast diminishing due to changing social norms of acceptable behavior.

Dalits and similar groups are also found in Nepal, Pakistan and Bangladesh. In addition, the Burakumin of Japan are also compared to Dalits, as are the Baekjeong of Korea.

Dalits and religion

Hindu Dalits

The large majority of the Dalits are Hindus, although some in Maharashtra have converted to Neo-Buddhism. In Pakistan, a predominantly Muslim nation, more than 60% of the 1.4 million Hindu minority are Dalits..

Historical attitudes and discrimination

Traditionally, Dalits were not allowed to let their shadows fall upon a non-Dalit caste member and they were required to sweep the ground where they walk to remove the 'contamination' of their footfalls. Dalits were forbidden to worship in temples or draw water from the same wells as caste Hindus, and they usually lived in segregated neighborhoods outside the main village. However, there have been cases of upper caste Hindus warming to the Dalits and Hindu priests, demoted to outcaste ranks, who continued practising the religion. An example of the latter was Dnyaneshwar, who was excommunicated into Dalit status from society in the 13th century, but continued to compose the Dnyaneshwari, a Dharmic commentary on the Bhagwad Gita. Other excommunicated Brahmins, such as Eknath, fought for the rights of untouchables during the Bhakti period. Historical examples of Dalit priests include Chokhamela in the 14th Century, who was India's first recorded Dalit poet, Raidas, born into Dalit cobblers, and others. The 15th century saint Ramananda also accepted all castes, including untouchables, into his fold. Most of these saints subscribed to the Bhakti movements in Hinduism during the medieval period that rejected casteism. Nandanar, a low-caste Hindu cleric, also rejected casteism and accepted Dalits.

Due to their isolation from the rest of Hindu society,many Dalits continue to debate whether they are 'Hindu' or 'non-Hindu'. Traditionally, Hindu Dalits or Harijans have been barred from many activities that were seen as central to Vedic religion and Hindu practices of orthodox sects. Among Hindus each community has followed its own variation of Hinduism. The wide variety of practices and beliefs observed in Hinduism makes any clear assessment difficult. Each community, including the Dalit see their importance in the history of Hinduism. For example, Sant Tirumalisai was a Hindu saint and Vidura was the ruler of Hastinapur during the Mahabharata war.

The VHP leader Ashok Singhal has said, "The Ravi Dasis, Passis and Khatiks all have a royal lineage. They were the freedom fighters of the medieval times but were turned into scheduled castes and tribes because they were defeated."

Reform Movements

Some of the movements in Hinduism have welcomed Dalits into their fold, the earliest being the Bhakti movements of the medieval period. Early Dalit politics involved many Hindu reform movements which arose primarily as a reaction to the advent of Christian Missionaries in India and their attempts to mass-convert Dalits to Christianity under the allure of escaping the caste system^{[citation needed]} (unfortunately, some vedic hindu practices remained, Caste system among Indian Christians among certain sections of Indian catholics, though by far not all).

In the 19th Century, the Brahmo Samaj under Ram Mohan Roy, actively campaigned against untouchability. The Arya Samaj founded by Swami Dayanand also renounced discrimination against Dalits.Sri Ramakrishna Paramahamsa founded the Ramakrishna Mission that participated in the emancipation of Dalits. Upper caste Hindus, such as Mannathu Padmanabhan also participated in movements to abolish Untouchability against Dalits, opening his family temple for Dalits to worship.While there always have been places for Dalits to worship, the first "upper-caste" temple to openly welcome Dalits into their fold was the Laxminarayan Temple in Wardha in the year 1928 (the move was spearheaded by reformer Jamnalal Bajaj). Also, the Satnami movement was founded by Guru Ghasidas a Dalit himself. Other reformers, such as Jyotirao Phule also worked for the emancipation of Dalits. Ayyankali was a prominent figure in the Dalit emancipation struggle in Kerala in the early 20th century. Another example of Dalit emancipation was the Temple Entry Proclamation issued by the last Maharaja of Travancore in the Indian state of Kerala in the year 1936. The Maharaja proclaimed that "outcastes should not be denied the consolations and the solace of the Hindu faith". Even today, the Sri Padmanabhaswamy temple that first welcomed Dalits in the state of Kerala is revered by the Dalit Hindu community. The 1930s saw key struggles between Mahatma Gandhi and B.R. Ambedkar, most notably over whether Dalits would have separate electorates or joint electorates with reserved seats. The Indian National Congress was the only national organisation with a large Dalit following, but Gandhi failed to gain their commitment. Gandhi however, continued to spread his cause for uplifting the Dalits and began the Harijan Yatra. Similar padyatras borrowing from Gandhi's example were established to uplift the Harijans including Vishwesha Tirtha Swamiji's Padayatras in Bangalore. The Pradeshika Harijan Sevak Sangha was Gandhi's organization aimed at working on uplifting the backward-castes.^[18] Mahatma Gandhi is well respected by the Dalits of today. (A few Dalits, such as those of Bhatra even worship him.) Ambedkar, a Dalit himself, developed a deeper analysis of Untouchability, but lacked a workable political strategy: his conversion to Buddhism in 1956, along with millions of followers, highlighted the failure of his political endeavours. India's first Prime Minister, Jawaharlal Nehru, based on his own relationship with Dalit reformer Ambedkar, also spread information about the dire need to eradicate untouchability for the benefit of the Dalit community.

In more contemporary times, India has had an elected Dalit president, K. R. Narayanan, who has stated that he was well-treated in his community of largely upper-caste Hindus (24 July 2002). Another popular Harijan includes Babaji Palwankar Baloo, who joined the Hindu Mahasabha and was both a politician and a cricketer. He was an independence fighter. In addition, other Hindu groups have reached out to the Dalit community in an effort to reconcile with them, with productive results. On August 2006, Dalit activist Namdeo Dhasal engaged in dialogue with the Rashtriya Swayamsevak Sangh in an attempt to "bury the hatchet”.

Also, the "Pandaram" are an order of Dalit Hindu priests (a task traditionally reserved for the Brahmins) based largely in Nepal and parts of South India. These Pandaram priests maintain the same tradition as the Brahmin priests, including using Sanskrit for the rituals (a language traditionally reserved for the Brahmins). They perform religious ceremonies from weddings to death rituals. They are not generally as well trained as the Brahmin priests, but are highly respected within their community and are addressed reverentially. Also, Hindu temples are increasingly more receptive to Dalit priests, such as Suryavanshi Das, the Dalit priest of a notable temple in Bihar. Discrimination against Hindu Dalits is on a slow but steady decline. Many Hindu Dalits have achieved affluence in society, although vast millions still remain poor. Recent episodes of Caste-related violence in India have adversely affected the Dalit community. In urban India, discrimination against Dalits in the public sphere is largely disappeared, but rural Dalits are struggling to elevate themselves. Government organizations and NGO's work to emancipate them from discrimination, and many Hindu organizations have spoken in their favor

Brahmins like Subramania Bharati also passed Brahminhood onto a Harijan. There have been several Medieval Dalit Hindu movements and Modern Dalit Hindu movements. For example, in Shivaji's Maratha Empire there were the several Dalit Hindu warriors Mahar Regiment and the Scindia Dalit Kingdom. In modern there there are several Dalit Hindu figures BJP leaders Ramachandra Veerappa and Dr. Suraj Bhan.

Saints in Hinduism

"I am a Bhangi, but I also do the work of a Brahmin. A Brahmin is one who spreads knowledge, sanskars; so I too am a Brahmin. I go on Bhakti pheris to spread the liberating message of Svadhyaya. So I am a Bhangi-Brahmin."]

• Sant Anayar Nayanar
• Sant Atipattar Nayanar
• Sant Banka Mahar, Mahar
• Sant Bhagu, a devotee of Krishna
• Sant Binu, a Bengali Tantrik sage
• Sant Chokha Mela, Mahar. He lived at Mangalvedha in Maharashtra. He wrote many Abhangas devoted to Krishna.
• Sant Damajipanth, Mahar, devotee of Vishnu
• Sant Devi Das, a Chamar disciple of Jagjivan Das
• Sant Dhanna Chamar, Chamar (cobbler)
• Sant Jiwan Das, a saint of the Satnami sect
• Sant Kaliar Nayanar
• Sant Kanho or Kanhopatra, Mahar dancer, devotee of Vishnu
• Sant Kapinjalada, Chandala, according to Mahabharata (Anushasana Parvan 53.13-19)
• Sant Karmamelam, Mahar, devotee of Vishnu
• Sant Kurmadas, devotee of Vishnu
• Sant Madara Dhulayya
• Sant Malamat Shah, a saint of the Satnami sect
• Sant Nanhadas, a devotee of Rama and Sant Ramanand's disciple
• Sant Nandanar (Nanthanaar), Athanuur, devotee of Shiva, one of 63 Nayanar Shaivite saints. Chidambaram, the main place where Nandanar practiced austerities is now a place where backward castes have their own ashrams and recite the Upanishads in Sanskrit (Sastri, P. 3 Hindu Feasts, Fasts & Ceremonies).
• Sant Nirmala, Mahar
• Sant Parshuram, the founder of the Ramnami sect in Chhattisgarh
• Sant Prasanna, Bengali, devotee of Durga Maa disciple of Kalachand
• Sant Purnananda, became recognized as a Brahmana
• Sant Ramdass Gohal, a former member of the Arya Samaj
• Sant Rohidas or Ravidas, Chamar member, the Guru of Mirabai. He is said to have taken up his family job of shoe-making and supplied shoes top ascetics. "My caste is low, my lineage is low, and mean is my birth. I have taken shelter, King Rama, says Ravidas the cobbler" (p. 659, Guru Granth Sahib). His disciples are the Ravidasis. He was a disciple of Ramananda, cliamed by Harijans to be their master (Singh, P. 98 Leadership Patterns and Village Structure)
• Sant Sadna, butcher
• Sant Sakhubai, devotee of Vishnu
• Sant Sarwan Dass, a follower of Ravi Das
• Sant Satyakam Jabali
• Sant Shatakopa, Kanjar (prostitute) Alwar devotee, Yamuna Muni declared, "I touch my feet at the holy feet of Shatakopa" (P. 87, Gita Darshan as Bhakti Yoga, as a Chaitanyite Reads it)
• Sant Soyarabai, Sant Chokha Mela's wife
• Sant Tirukkurippu Tondar Nayanar
• Sant Tirumalisai, an Alvar Vaishnava saint
• Sant Tiru Nalai Povar Nayanar
• Sant Tiru Nilakanta Nayanar, potter, devotee of Shiva
• Sant Tiru Nilakanta Yazhpanar, one of 63 Nayanar Shaivite saints
• Sant Tiru Panazhwar
• Sant Tiruvalluvar, one of 63 Nayanar Shaivite saints, wrote the Tirukkural
• Sant Umaid Ram Maharaj, Bhangi, Rajasthani. He was born on the Hindu month of Miskar (November-December) in the Hindu year 1865 on Thursday in Jodhpur. He was a medicant. His successors were Sukaram Maharaj, Deepa Ram Maharaj and the present-day Mangi Ram Maharaj.

Maharishis

"Saints and sages only can become real advisors to the kings, because they are selfless and possess the highest wisdom. They only can improve the morality of the masses. They alone can show the way to eternal bliss and mortality. Shivaji had Swami Ramdas as his adviser, King Dasaratha had Maharshi Vasishtha as his advisor”."

• Maharishi Veda Vyasa, was born of and raised by a fisherwoman and Parashara (See below)
• Maharishi Valmiki- author of the Ramayana.
• Maharshi Naval Ram, a member of the Rajasthani Bhangi caste. He was born in 1840 on the month of Bhadrapad on Wednesday in Harsala village in Nagaur district. His successors were Daya Ram Maharaj (his son), Ram Baksh Maharaj and the present-day Badri Ram Maharaj.
• Maharishi Vithal Ramji Shinde, a member of the Prartna Samaj and founder of the Depressed Classes Mission organization for the upliftment of backward-caste Hindus.
• Maharishi Parashara, son of an outcaste woman (Matsyakanya-Satyavathi Devi), was one of the greatest devotes and thinkers in the Hindu Dharma. He was a very powerful Vedic astrologer. His astrological book is the Parasara Hora stil used today. He has also written a Smriti known as Parasara Smriti which is held in such high esteem that it is quoted by our present-day writers on sociology and ethics
• Maharishi Soot, narrator of the Puranas.
• Maharishi Vashista, son of a prostitute. He was a mentor of Shri Rama.

Avatars

• Matangi, worshiped as a form of Durga. She was the offspring of Matanga Muni.

Muslim Dalits (Arzal)

Muslim society in India can also be separated into several caste-like groups. Descendants of indigenous lower-caste converts are discriminated against by "noble", or "ashraf", Muslims who can trace their descent to Arab, Iranian, or Central-Asian ancestors. There are several groups in India working to emancipate them from upper-caste Muslim discrimination. The Dalit Muslims are referred to by the Ashraf and Ajlaf Muslims as Arzal or "ritually degraded". They were first recorded in the 1901 census as those “with whom no other Muhammadan would associate, and who are forbidden to enter the mosque or to use the public burial ground”.They are relegated to "menial" professions such as scavenging and carrying night soil. Babasaheb Ambedkar, a renowned Dalit activist and the framer of the Constitution of India, wrote about the Dalit Muslims and was extremely critical of their mistreatment by upper-caste Muslims quoting that "Within these groups there are castes with social precedence of exactly the same nature as one finds among the Hindus" ^.

In Pakistan, there are estimated to be 6.8 million Mayazurs (bonded laborers) in Punjab and another 7.5 million in Sindh. Although the Pakistani Supreme Court has ruled bonded labor unconstitutional and the National Assembly has passed laws prohibiting it, these laws remain largely unenforced due to the influence of large landlords. ^[31]. Furthermore, the AIBMM is striving to achieve the SC status for India's Dalit Muslims. The lowest of among the Muslim communities is a "Muhajir". They are mainly assigned the position of a laborer and looked down upon by the ashraf.

Sikh Dalits

Dalits form a class among the Sikhs who stratify their society according to traditional casteism. Kanshi Ram himself was of Sikh background although converted because he found that Sikh society did not respect Dalits and so became a neo-Buddhist. The most recent controversy was at village Talhan Gurudwara near Jalandhar where there was a dispute between Jatt Sikhs and Ravidasia Sikhs. Jivan Singh, a friend of was a Dalit. Panj Pyars Chosen by Sri was from Dalit Background. The Different Sikh Dalits are Ravidasia Sikh , Ramdasia Sikh , Mazhabi Sikh. Although Sikhism does not recognize the Caste System, many families, especially the ones with immediate cultural ties to India, generally do not marry among different castes. Prominent Dalit Sikhs 1. Kanshi Ram - Former President of BSP 2. Charanjit Singh Atwal - Former Lok Sabha Speaker

There are sects such as the Ad-Dharmis who have now abandoned Sikh Temples and the 5 Ks. They are like the Ravidasis and regard Ravidas as their guru. They are also clean shaven as opposed to the mainstream Sikhs. Sant Ram was from this community and a member of the Arya Samak who tried to organize the Ad-Dharmis.

Other backward among Sikhism include Jhiwars, Bazigars, Rai Sikh (many of whom are Ravidasias.)

Just like the violence against Harijans (Hindu Dalits) and Muhajirs (Muslim Dalits), there has been violence against Sikh Dalits.

Christian Dalits

In the Indian state of Goa, mass conversions were conducted by Portuguese missionaries from the 16th century onwards. Despite Christian egalitarianism formerly Hindu converts often retained their caste prejudices. The continued maintenance of caste prejudices among Christians in Goa is attributed to the effectively involuntary nature of mass conversions, sometimes of entire villages. Without conscientious understanding of Christian belief existing social stratification was often left unaffected. The Portuguese colonists, despite their violent anti-Hindu iconoclasm, were unable to destroy all aspects of the indigenous culture. Thus, the Dalits who converted to Christianity were still referred to as "Maharas" and "Chambars" (an apellation of the anti-Dalit ethnic slur "Chamaar"). Several ethnic groups who did not convert to Christianity and remained Hindus (such as Marathas) were nevertheless incorporated into the predominately Christian group "Chaddho".

Attempts by Christian Missionaries to convert Dalits to Christianity continue. The Constitution of India guarantees religious freedom and the right to choose one's religion. However, controversies related to mass-conversions have led to laws being passed against such events in some Indian states. Occasionally Christian converts return to Hinduism after financial rewards some missionaries may have promised as a benefits of Christian life are not forthcoming, although there are allegations that some of those conversions are coerced under threats as well.

A 1992 study of Catholics in Tamil Nadu found some Dalit Christians faced segregated churches, cemeteries, services and even processions. Despite Christian teachings these Dalit also faced economic and social hardships due to discrimination by upper-caste priests and nuns. Other sources support these conclusions, including Christian advocacy groups for Dalits. One famous Christian Dalit activist with the nom-de-plume Bama Faustina has written books providing a first-hand account of discrimination by several upper-caste nuns and priests in South India..

Dalits and Neo-Buddhism

Main article: Dalit Buddhist movement

In Maharashtra, Uttar Pradesh and a few other regions, Dalits have come under the influence of the neo-Buddhist movement initiated by Ambedkar. Some of them have come under the influence of the Neo-Buddhist and Christian Missionaries and have converted away from Hinduism into religions such as Christianity and Buddhism in what they have been told is an "attempt to eliminate the prejudice they face". Activists such as Udit Raj have claimed that such conversion will solve all discrimination problems faced by Dalits. Such claims have been criticised as "fragile at best" . The conversion attempts have also been criticised by Hindu advocacy groups as "unhelpful" as Casteism is a complex dynamic that extends across all religions in India.

However, several Dalits have understood the neo-Buddhist movement to only be a movement which criticises the Brahmins and does not accomplish anything for the upliftment of the Dalits. BJP Scheduled Caste Morcha president Bangaru Laxman (Organiser, 6-8-1995) accused Congress leader Sitaram Kesri, who had bracketed the Dalits with the minorities as "sufferers of Hindu oppression", of thereby showing “disrespect to [Dalit] saints like Ravidas, Satyakam Jabali, Sadhna Kasai, Banka Mahar, Dhanna Chamar and others who protected Hindus against foreign onslaughts.” (most of these were Ramanandi saints of the late Middle Ages).

In the officially Hindu country of Nepal, Dalits and other populations are turning to Buddhism from Vedic Hinduism. Reasons cited are to embrace non-violence and as a response to the caste system, which has led to a substantial increase in Buddhists in the population while those professing Hindusim have decreased from 88% in 1961 to 80% and declining at present. .

However Lord Buddha Himself is said to be a descendant of Sage Angirasa and Sage Gautama (Saptarishis of the Vedas) in many Buddhist texts.

Dalits and contemporary Indian politics

In urban areas and some villages the old concepts of a rigid caste system and untouchability usually no longer exist, though most Indians still voluntarily hold on to their caste origins, which is intended to reflect that their ancestors belonged to their castes with a sense of pride in the duties and responsibilities as required by the caste rules. In matrimonial matters, whether the wed couple is Dalit or non-Dalit, caste identity is a practical near-must, although this also is changing. Inter-caste couples may ignore the ignorance of caste prejudices due to an attraction on the basis of education, economic status, or, of course, romantic love.

While the Indian Constitution has duly made special provisions for the social and economic uplift of the Dalits, comprising the so-called scheduled castes and tribes in order to enable them to achieve upward social mobility, these concessions are limited to only those Dalits who remain Hindu. There is a demand among the Dalits who have converted to other religions that the statutory benefits should be extended to them as well, to "overcome" and bring closure to historical injustices.

Another major politically charged issue with the rise of Hindutva's role in Indian politics is that of religious conversion. This political movement alleges that conversions of Dalits are due not to any social or theological motivation but to allurements like education and jobs. Critics argue that the inverse is true with laws banning conversion, and the limiting of social relief for these backward sections of Indian society being revoked for those who convert. Bangaru Laxman, a Dalit politician, was a prominent member of the Hindutva movement.

Another political issue is over the affirmative action measures taken by the government towards the uplift of the Dalits by implementation of quotas in government jobs and university admissions aimed at improving Dalit representation. About 8% of the seats in the National and State Parliaments are reserved for Scheduled Caste and Tribe candidates, a measure sought by B.R. Ambedkar and other Dalit activists in order to ensure that Dalits would obtain a proportionate political voice.

Anti-Dalit prejudices exist in fringe groups, such as extremist far-right militia Ranvir Sena, largely run by upper-caste landlords in backward areas of the Indian state of Bihar. They oppose equal treatment of Dalits and have resorted to violent means to suppress them. The Ranvir Sena is considered a terrorist organization.

On the other side, extremist groups run by small minority of Dalits such as the "Dalit Panthers Movement" have committed violent acts against Brahmins and middle-caste people.

Ssc SOCIAL STUDY CIRCLE (ESTD 1982) dalitindia v_karthikeyan@aol.in ***********************************************************************

January 21, 2008

SC&ST DALIT’S RIGHTS

RIGHTS

What Rights?

Before we look into or talk of SCs, STs, or SC&ST Dalits, or SC&ST Dalit Rights, let us think about Rights! What are these Rights? To understand the Rights better, let us first ask ‘What are Rights?’ and ‘What Rights We Individuals – Dalits or not – have?’ For that matter, What Right or Rights any Individual anywhere in the World, whether in India or abroad – be that in America, Canada, England or anywhere in Europe or elsewhere has? And, what are the Source or Sources of these Rights? Can there be any end to these Rights? We have to ask these Questions for a specific Reason, with a particular Purpose, if we are to understand the beginning or origin and end of SC&ST Dalit Rights!

TYPES OF RIGHTS

What are the different types of Rights that one can have?

Why many! Some examples are –

1. Human Rights - Rights to Live, Dignity, Individual Freedom, Privacy, Equal Wages at least for the same jobs done at the same time, Equal Rights and so on!

2. Civil Rights - Rights to have Access to Public Places, Equal Civic Facilities etc

3. Social Rights - Rights to Equality, Equal Treatments, Fraternity, gather in a public place, speak and laugh publicly etc

4. Cultural Rights - Rights to Speak without fear, Write, Sing, Dance, Paint, dress, eat what one likes etc

5. Religious Rights - Rights to believe, opt, embrace, convert oneself and convert others, preach and propagate any Religion of ones choice, quit, and not believe or practice or belong and criticise rationally, logically, reasonably and legally any Religion affecting any individual.

6. Educational Rights - Rights to Education, Learning, Admissions to Schools, Colleges, Universities, Courses, different Subjects etc

7. Political Rights - Rights to Vote or Universal Adult Franchise, Liberty etc

8. Constitutional Rights - Rights for Protection from Discrimination, Justice etc

9. Legal Rights - Rights to move Courts, Legal Protection etc

10. Land Rights - Rights to own Lands, acquire Land, acquire any Land, sell or dispose-off any land to any person one chooses or any purpose of ones liking, etc. That includes the right to enjoy the land, benefits accruing from the land, Rights to plough and Cultivate the Land, and harvest and market the Produce

11. Economic Rights - Rights to acquire, buy, bequeath, will-away, gift, sell, dispose-off, hold Property, do business, take up any Profession or Occupation, receive and adequate and full Remuneration for Work and Services

12. Fundamental Rights- Rights recognised by the State as Fundamental to all People and every Person, without any exception

13. Basic Rights - Rights to food, shelter, housing etc

14. Natural Rights - Rights based on Nature and Natural Justice

15. Special Rights - Rights Specially granted to any Group or Professions etc based on their Responsible Certified Competence, without violating others’ Rights or Infringing other Liberties

16. Professional Rights - Rights of a Professional to carry out the Profession in due Professional Manner as Certified and approved by the Profession, and its Professional Ethics

17. Sovereign Rights - Rights of the Sovereign – the King or Queen in the Past, hence Sovereign, but the Citizen or the People these days

18. Remedial Rights - Rights to Remedy any wrong, or violation of any Right or Rights

And there could be many more such Rights!

And what is/are the Source(s) of these Rights?

That need not always be the Constitution! We must clearly Remember that!

But any Right, its utility, usefulness and capacity to benefit from it, depends upon the vigilance and capacity of the People. That People must, particularly guard against their transgression, violation, abridgement, revocation etc. They must be careful to preserve the Rights, and extra careful to ensure that the Rights continue, and remains with them in future also!

STRANGE AND FUNNY RIGHTS!

India, is Unique! That because, it is a strange Country! Here in India, there are many funny Rights. And what is more, there is many strange and specific, cruel and inhuman Denial of Rights. They don’t stand to any logic reason or rational thinking.

We have the following Strange Rights, that are Reserved only for a few, and denied for most others. And there are some Specific Rights, which can not be exercised by some. And that some, are in hundreds of millions of People! What is more surprising is that, the millions who are denied Rights, are the most productive people. They are the backbones of the Nation. They are the engines of economy, and prime-movers of all developments.

Some of the funny Rights are –

1. Rights to get Water

2. Rights to use Public Facilities to take Bath

3. Rights to Dress

4. Rights to Style of Dressing

5. Rights to Hair-do

6. Rights to Jewellery

7. Rights to See and be Seen

8. Rights to Hear and Listen certain things

9. Rights to Approach and Proximity

10. Rights to Walk or Drive through the Streets, where cats dogs and pigs roam freely

11. Rights to Wear Slippers and Shoes or any Footwear

12. Rights to Sit before others

13. Rights to Touch

14. Rights to Dine-with

15. Rights to take Coffee and Tea or Water in Restaurants, Hotels, and wayside Shops

16. Rights of Acceptability

17. Rights to Marry

18. Rights to Access even the Cemetery – Burial Grounds

19. Right of Way to ones own Residence

20. Rights to move out of the Villages and to nearby Towns and Markets, for Sale of Surplus Produce, Jobs etc

21. Rights to Gather and Speak-out the Mind openly and boldly, without fear of loosing employment, jobs, earnings, physical safety, and even life of the person and of the family members

22. Rights to Meet Others

Most of the above Rights are denied to SC&ST Dalits, specifically and particularly. Hence, some of these Rights, have been Guaranteed to the SC&ST Dalits, by the Constitution, in a general manner, as the Rights of all Citizens of India. But they have been built, particularly into the Constitution, only for the specific purpose of ensuring that SC&ST Dalits get them. Some Rights have been Specifically included in the Constitution, as Specific Rights, exclusively for SC&ST Dalits, to doubly ensure that the SC&ST Dalits are not denied of them.

Thus Rights are varied; sometimes they are so basic, that it in fact appears to be extremely strange and funny, even to mention about them as Rights. And the most Obvious and Explicit Rights are those conferred by, or specifically built into the Constitution of the Nation!

CONSTITUTION OF INDIA

Constitution of India was drafted by the Constituent Assembly of India. It was originally elected before Independence for the United India. It met first on the 9^th of December 1946. It worked for two years eleven months and eighteen days, before it adopted the Constitution. The Constituent Assembly had held eleven sessions. First six Sessions were spent in passing the Objectives Resolution, and Consideration of the Reports of various Committees including the one on Fundamental Rights. The seventh to eleventh sessions debated the Draft Constitution.

After Partition of the Country, on 15^th August 1947, the Members elected to the Constituent Assembly from Areas that remained with Indian Union, continued with the work of framing Free India’s Constitution. All those elected from the areas that fell into the newly created Pakistan went to Pakistan, or resigned. Baba Saheb Dr BR Ambedkar, elected in a by-election from the constituency vacated by Mandal, lost his Membership of the Constituent Assembly, as that fell into East-Pakistan, the present day Bangladesh. Baba Saheb was thankfully re-elected to the Constituent Assembly, from the seat vacated for him by Jayakar, of the Congress Party.

In the Constituent Assembly, Baba Saheb was also elected to the Drafting Committee of the Constitution, and ultimately became the Chairman of the Drafting Committee. As Chairman, he moved the Draft Constitution, defended or redrafted every provision of the Constitution. The Constitution finally was moved by Baba Saheb, for adoption on 25^th November 1949. And the Constitution was approved on 26^th November 1949. Every year, Supreme Court of India and the legal fraternity celebrate 26^th of November as Law Day. The Constitution of India formally came into effect on 26^th Jan 1950. That day, free India became Sovereign Democratic Republic, and every year we remember and gratefully celebrate the day as the Republic Day of India. And after Constituent (Forty-second Amendment) Act passed by Parliament, the Nation is said to be a Sovereign Socialist Secular Democratic Republic.

The Drafting Committee, to prepare and accept the Draft Constitution, and presentation before the Constituent Assembly of India, for Consideration, was elected on 29^th August 1947. It met first, on 30^th August 1947. Its sessions lasted for 141 days in preparing the Draft Constitution. The Draft by the Constitutional Adviser had 243 Articles and 13 Schedules. The Drafting Committee worked on it, and presented to the Constituent Assembly, a Draft Constitution with 315 Articles and 8 Schedules. At the end of Consideration of the Draft Constitution by the Constituent Assembly, the Articles were 386. In its final form, there were 395 Articles and 8 Schedules. Amendments tabled by Members were about 7,635. Of those, the ones actually moved were 2,473.

In comparison, the American Convention, met on 25^th May 1787, and completed the Constitution with only seven Articles and 21 Sections in the first four, within four months, on 17^th Sept 1787. The Constitutional Convention of Canada assembled on 10^th October 1884, and finished its task in two years and five months, with 147 Articles, by March 1867. The Australian Constitutional Convention, was convened in March 1891 and finished its work on 9^th July 1900, with 128 Articles. That, after a period of nine years. All of them completed their work, without considering any amendments.

We must always remember that, Constitution is the basic Law of a Country. It provides specifically to the Citizens particular Rights, defines their Duties, and delineates the Responsibilities of every authority, official, institution and individual, living in the Country and governed by the Constitution. All Authorities and Institutions, derive their existence and power from the Constitution of the Land. Hence, every one of them, has to work and function within the ambit of that Constitution. All others, like the Authorities and Institutions, have to exist and operate, within the limits and boundaries of the Constitution.

The Preamble of the Constitution is more significant. For, the Preamble reflects the Sole of any Constitution. It embodies the Ideals and Aspirations of the People who made the Constitution, adopted and accepted it for their governance, and future. It is the most significant Part of the Constitution, and can be amended like any other Provision in the Constitution, as long as that does not affect the basic character, principles and spirit of the Constitution. All Laws, Practices and Procedures preceding, and all those that existed before the Constitution, are repealed if they are in contradiction and are violative of any Provisions of the Constitution.

The PREAMBLE of the Indian Constitution, reads as follows –

THE CONSTITUTION OF INDIA

PREAMBLE

WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVERIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens :

JUSTICE, social, economic and political;

LIBERTY of thought, expression, belief, faith and worship;

EQUALITY of status and opportunity;

and to promote among them all

FRATERNITY assuring the dignity of the individual and unity and integrity of the Nation;

IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.

Apart from the PREAMBLE, the Constitution has 22 main Parts with 23 Chapters, 395 Articles and Nine Schedules. These provide to every citizen, many Rights and Freedoms. And naturally, with Rights and Freedoms, come many Duties.

Indian Constitution is one of the largest written Constitution in the World. It has in it many of the noblest concepts, human mind had conceived of, before it was drafted.

RIGHTS & DUTIES OF INDIVIDUALS

The Indian Constitution is one of the largest written Constitution, drafted after the path breaking and epoch-making French Revolution, American Revolution and Russian Revolution. It also came after Industrial Revolution in Europe, the Liberal Thinkers and their Ideas. And it had been framed long after the Unification of the German and Italian Nations by Bismarck and Garibaldi. Therefore, every Progressive and Noble Thoughts of the World have been adopted and built into Indian Constitution. And in the words of Baba Saheb, framer of the Constitution - not to do so would have only been irrational. The Indian Constitution, naturally had derived a lot from the unwritten British Constitution. It had adopted the British Parliamentary System, British Legal System and Principles of Administration. And it had also incorporated many main Provisions drawn from various Govt of India Acts, made by the Imperial British for India and Indian People, and to the British Colonial Govt in India for its Governance. Those were only to be expected.

The Rights Freedoms and Duties of Individuals, as Citizens of the Country, had been built into the Constitution in various Parts Chapters and Articles. It will be a Study of the whole Constitution, all the Parts, Articles and Schedules, if we are to talk of all the Rights and Duties. For almost all the Articles and Provisions such as the Preamble and Schedule hold many promises and hopes to the Citizens, and even to other Individuals.

As we had discussed earlier, some of the Rights are specific and special for specified segments of the Society – those who are otherwise marginalised discriminated exploited and suppressed. These are specifically in addition, and apart from those clearly laid out, as the Rights and Duties of all Citizens.

The Rights one can derive, depends upon the way the People or Individual agitate demand legislate and govern themselves, before the authorities, the political parties, elected peoples representatives, in the Legislatives and Parliament, before the political executives in the Govts, and ultimately before the Govts and Courts. However, the significant and apparently clear Rights and Duties are, specifically discussed below.

RIGHTS OF INDIVIDUALS

The Constitution has been made by Indians for Indians and their Govts. Sovereignty of the Nation, lies with the People. In fact it is the People, who give the Rights to others, to all Institutions - public and private - every individual in the Country, Citizens or not, and to themselves. The People, also provide specific Directions to Govts, Political Parties and their Members, who come forward to represent them, form the Govts, and help Govern the Nation.

SOURCE OF RIGHTS!

Everyone’s Rights in the Country, start from –

1. Citizenship of the Country

2. The hopes and expectations that flow from –

Part IV DIRECTIVE PRINCIPLES OF STATE POLICY

However, the Constitution Part IV on DIRECTIVE PRINCIPLES OF STATE POLICY, is only a Directive and guideline for the State, Parliament and Legislatives, Political Executives, Govts, the Bureaucracy and Planners, and to the People. The DIRECTIVE PRINCIPLES OF STATE POLICY, do not give any direct rights and powers to the individuals. People can not, in the normal circumstances go to Courts to demand any of the DIRECTIVE PRINCIPLES OF STATE POLICY, as their Rights or Dues, or ask the Courts to enforce them.

Apart from these there are specific Fundamental Rights. They are large, specific, significant, essential and important to any Citizen in any part of the Country. In fact, most of these are needed by any Citizen of any Nation living in any part of the World.

The Fundamental Rights are contained in exclusive Part III of the Constitution. They are the –

1. Right to Equality – Articles 14, 15, 16, 17 and 18

2. Right to Freedom – Articles 19 to 22

3. Right against Exploitation – Articles 23 and 24

4. Right to Freedom of Religion – Articles 25 to 28

5. Cultural and Educational Rights – Articles 29 and 30

6. Right to Constitutional Remedies – Articles 32 to 35

Right to Property, and the concerned Article 31, relating to Compulsory Acquisition of Property, was omitted and repealed by the Constitution (Forty-fourth Amendment) Act 1978.

Saving of Certain Laws, with related Articles 31A to 31 D were added by various Constitutional Amendments. However, Article 31 D wrt Saving of Laws in respect of Anti-National Activities was subsequently repealed by the Constitutional (Forty-third Amendment) Act of 1977.

Rights have no meaning at all, unless one can force those others, or authorities or the Govts to give the Rights being denied, withheld or delayed, deliberately or otherwise, to yield and give the Rights. Or one should be able ask or force the Govt and other authorities to intervene, and ensure or force those who are denying, withholding or standing in the way of the Rights, discipline them, and get the Rights. Hence, the Constitution provides, vide Article 32, remedies for enforcement of Rights conferred by this Part. This Article 32, in fact is the most important provision of the Constitution, forming part of Part III on Fundamental Rights. It provides every Citizen and every individual, the Right to move the Supreme Court by appropriate proceedings for the enforcement of the Rights.

Other Relevant Provisions are –

1. Under the Right to Equality,

a) Article 14 provides the Right of EQUALITY BEFORE LAW

b) Article 15 provides Rights for PROHIBITION OF DISCRIMINATION ON GROUNDS OF RELIGION, RACE, CASTE, SEX OR PLACE OF BIRTH

c) Article 16 gives the Right to EQUALITY OF OPPORTUNITY IN MATTERS OF PUBLIC EMPLOYMENT

d) Article 17 deals with Rights associated with the ABOLITION OF UNTOUCHABILITY, and

e) Article 18 deals with Rights associated with the ABOLITION OF TITLES

2. Under the Right to Freedom,

a) Article 19 on PROTECTION OF CERTAIN RIGHTS REGARDING FREEDOM OF SPEECH etc, it is said that,

(1) all citizens shall have the right –

(a) to freedom of speech and expression

(b) to assemble peaceably and without arms

(c) to form association or unions

(d) to move freely throughout the territory of India

(e) to reside and settle in any part of the territory of

and,

(f) to practice any profession, or to carry on any occupation, trade or business

At the same-time vide part (2) of the same Article 19, the Constitution allows the Operation of any existing law, permits the States to make any law to impose restrictions on the above rights, that can be considered as reasonable.

b) Article 20 gives the Rights of PROTECTION IN RESPECT OF CONVICTION FOR OFFENCES, in some unfair or unjust manner

c) Article 21 gives the Rights of PROTECTION OF LIFE AND PERSONAL LIBERTY

d) Article 22 gives the Rights for PROTECTION AGAINST ARREST AND DETENTION IN CERTAIN CASES, in some unfair and unjust manner

3. Under the Rights against Exploitation,

a) Article 23 deals with PROHIBITION OF TRAFFIC IN HUMAN BEINGS AND FORCED LABOUR

b) Article 24 deals with PROHIBITION OF EMPLOYMENT OF CHILDREN IN FACTORIES, etc

4. Right to Freedom of Religion – Articles 25 to 28

5. Cultural and Educational Rights – Articles 29 and 30

6. Right to Constitutional Remedies – Articles 32 to 35

DUTIES OF INDIVIDUALS

The Duties of individual Citizens of India, have been laid out in Article 51A, Part IVA of the Constitution, as Fundamental Duties. These were not there in the Original version of the Constitution framed and adopted by the Constituent Assembly. These were inserted by the Constitution (Forty-second Amendment) Act passed by the Parliament in 1976. Those read as –

PART IVA

FUNDAMENTAL DUTIES

51A. Fundamental duties.

It shall be the duty of every citizen of India –

a) to abide by the Constitution and respect its ideals and institutions, the National Flag and National Anthem;

b) to cherish and follow the noble ideals which inspired our National Struggle for Freedom;

c) to uphold and protect the sovereignty, unity and integrity of India;

d) to defend the Country and render National Service when called upon to do so;

e) to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women;

f) to value and preserve the rich heritage of our composite culture;

g) to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures;

h) to develop the scientific temper, humanism and the spirit of inquiry and reform;

i) to safeguard public property and to abjure violence;

j) to strive towards excellence in all spheres of individual and collective activity so that the Nation constantly rises to higher levels of endeavour and achievement.

All these Rights available to every Citizen and the People of India, are equally available for the SC&ST Dalits!

SC&ST DALIT RIGHTS

SC&ST Dalit Rights are Specific Rights, but not Undue Rights or Exceptional Rights, or Unreasonable Rights, seen in any way, or in any manner! These do not make the Citizens any way special or superior, or endows them with any Extraordinary Rights. They are the Rights, which are due to them, as human beings, but denied historically over the ages and many millenniums. And many of the Rights are still being denied to them, in different parts of the Country still, to different extents, and also different times and different occasions.

Apart from the general Constitutional Rights available for every Citizen, SC/ST have some Specific Rights guaranteed to him/her in the Constitution. These are also not really Special, Exceptional, and are in no-way violative of the general Principles of the Constitution, or the Basic Philosophy of Equality in the Constitution. They are only Special Classes, to Emphasise the Rights of SC&ST Dalits! In other words, they are only part of General, very Ordinary Rights. They are the basic ones, available to every-other Citizen in India. But, they have been Specifically Built into the Constitution, to emphasise and doubly make sure that the Basic and Fundamental Rights of the Citizens, are extended to all. Yes, to all without any exception, including SC&ST Dalits! The Special Clauses ensure that at least Basic Fundamental Rights are also available to the SC&ST Dalits of India in India, through those Constitutional Mandates or Provisions. That, because of historical Reasons, and the traditional practices to deny every Right to SC&STS! It is to prevent such denial, those Special Provisions for SC&ST Dalits, have been specially drafted and adopted by the Founding Fathers of the Indian Nation, in the Constitution. Special Provisions for SC&ST Dalits, being Basic and Fundamental, can not should not and must never be either abridged or set aside or repealed by anyone under any circumstances!

All Rights and Duties always remain as silent Provisions interned in the Constitution. It is unto the People to realise them. They have to make the Govts to work, and ensure that they do their Duties and they get their Rights. Where necessary they have to fight for them, go to the Courts to agitate for them, and struggle in the Society to retain them. As Baba Saheb said, in his last speech in the Constituent Assembly on 25^th November 1949, while moving the Draft Constitution for adoption, the success or effectiveness of any Law and Constitution depends upon those who work them.

Yet, even today, SC&ST Dalits don’t have those crucial Rights of Governance, Self-Governance, Survival without disturbances and harassments, Justice and Peace - Social Cultural Political Economic and Educational.

And it had been rightly said,

Rights can not Descend on a People!

The People shall have to rise up, to get the Rights!

That Dictum always holds good, as far as enjoying the benefits from any Rights !!!!

Who are the real Dalits of India?

When we hear that a resolution is to be tabled in the US Congress next month to address the problem of 'caste discrimination and untouchability' in India, one feels like asking Americans if they forgot the horrible treatment they meted out to their Negro slaves!

And look at the condition of their own poor black people today, as seen recently during the New Orleans Katrina cyclone.

United States Congressman Christopher Smith, one of the sponsors of the resolution, said that for all the progress India has made over the years, it was highly regrettable that the lot of these 'untouchables' remained in such a terrible state as they continued to be victimised under the yoke of a shameful caste system.

Has Congressman Christopher Smith ever been to India? Probably not. He no doubt relies on the testimony of Indians like Kancha Ilaiah, founder of the Dalit-Bahujan (Scheduled and Backward Caste) movement, and author of the book Why I Am Not A Hindu.

What would Congressman Christopher Smith find if he bothered to visit India and make an honest assessment?

That true, there are still atrocities committed against Dalits in India, but that there are also a number of atrocities committed against upper caste Indians, including against the Kashmiri Pandits, thousands of them having been butchered (ten of them during the recent earthquake in Kashmir) and 400,000 of them being refugees in their own country.

That Dalits are coming up, thanks to a reservation system put into place more than 40 years, ago, to the extent that India's last President was a Dalit.

That many of the saints and avatars worshipped in India are from lower classes: Maharshi Ved Vyas, who wrote the Mahabharata, which also contains the Bhagavad Gita, was the son of a fisherwoman; Valmiki, once a highway robber, who composed the Ramayana, was also from a fisherman's caste; Chandragupta Maurya of the Maurya dynasty originates from Muria, a tribe which used to collect Peacock (Mor) feathers; and today's Amrita Anandamayi, who hails from Kerala's fishermen caste and has millions of followers, many of them upper caste Indians.

That in a country of 85 per cent Hindus, we find today a Sikh prime minister, when Sikhs represent only 2 per cent of the country's population; a Muslim President, when the Muslims are only 20 per cent and a Christian supreme leader, who rules this country with an iron fist, although she is not elected and holds no post, whereas Christians are only 3 per cent of India.

Who are the real Dalits of India then?

When the British arrived on the subcontinent, they found, as many other invaders had discovered before them, that the biggest stumbling block to a strong grip on India were the Hindus and that they could not govern such a huge country without splitting this community.

They thus used three tools:

1. The Aryan invasion theory, of two civilisations, that of the low caste Dravidians and the high caste Aryans, always pitted against each other -- which has endured, although it is now totally disproved, as it is still today being used by some Indian politicians -- and has been enshrined in all history books, Western, and unfortunately also Indian.

Thus were born wrong 'nationalistic' movements, such as the Dravidian movement against Hindi and the hatred against the much-maligned Brahmins, who actually represent today a minority, which is often underprivileged.

Many Brahmins were chased out of Tamil Nadu in the early sixties. It is also very difficult nowadays for a Brahmin, however qualified, to find a job in the government as many posts are reserved for Dalit and backward castes, even if they are underqualified.

This Aryan invasion theory has also made India look Westwards, instead of taking pride in its past and present achievements. I am a Westerner and a born Christian, but I always wonder why there is such great fascination for Sonia Gandhi, a White-Skinned Westerner.

Is she unconsciously perceived as a true Aryan by the downtrodden Dravidians and a certain fringe of that Indian intelligentsia which is permanently affected by an inferiority complex towards the West? This fake Aryan invasion may even have given a colour fixation to this country, where women will go to extremes to look 'fair.' But isn't black beautiful?

2. The vilifying of the caste system: 'Caste was originally an arrangement for the distribution of functions in society, just as much as class in Europe, but the principle on which this distribution was based was peculiar to India,' wrote Sri Aurobindo.

But the British and Christian missionaries quickly targeted the Adivasis and the Dalits for conversion by telling them: 'You are the first inhabitants of India and you were colonised by the bad Brahmins, during the Aryan invasion. By converting to Christianity, they continued, you will become free from the grip of your masters, who have enslaved you both socially and religiously.'

Thus they set the Dalits and Adivasis against the mainstream of Hindu society and sowed the seeds of an explosive conflict which is ready to blow-up today. Missionaries have also always been advocating covertly a breaking-up of the country.

Kancha Ilaiah has been lobbying hard at the UN so that the Adivasis and Dalits are recognised as 'the original settlers of India.'

Belgium historian Koenraad Elst writes that the missionaries were ultimately all set to trigger a Christian partition in India: 'At the time of Independence, Christian mission centres had dreamed up a plan for a Christian partition in collaboration with the Muslim League. The far Northeast, Chota Nagpur and parts of Kerala were to become Christian states, forming a non-Hindu chain with the Nizam's Hyderabad and with Pakistani Bengal.'

3. The weaning away of the Muslims from the Hindu majority which ended in the Partition of India. The British used to the hilt the existing divide between Hindus and Muslims. The Congress was weak; it accepted what was forced down its throat by Jinnah and Mountbatten, even though many of its leaders, including Nehru, and a few moderate Muslims, disagreed with the principle of partition.

It was also Gandhi's policy of non-violence and gratifying the fanatical Muslim minority, in the hope that it would see the light, which did tremendous harm to India and encouraged Jinnah to harden his demands.

Today the Congress has taken up this dangerous game again, witness the Andhra assembly which just approved a 5 per cent job reservation for Muslims; and Sonia Gandhi wants all other Congress-ruled states to follow Andhra Pradesh in providing Muslims with education and job quotas.

It is a measure of how the British and the missionaries were successful in planting the seeds of dissent, even amongst Indians, that this misinformation endures today in India and finds a sympathetic ear in the US Congress.

To Do List:

• How problem of untouchability been addressed by modern day leaders like Mahatma Gandhi, Dr. B. R. Ambedkar, Narayana Guru, Swami Vivekananda etc.
• In particular, the steps taken (and not taken) during independence and the creation of the Indian constitution needs to be described
• Historical addressing - Ramanuja, Chaitanya mahaprabhu, Basavanna etc.
• Dalit political leaders - Mayawati, Sadhwi Uma Bharati, Narendra Modi, Kalyan Singh, Jagjeevan Ram, Paswan, Laloo Prasad Yadav, etc. Ideally, a short paragraph about the significance and identity of each leader would be included...and ideally written by people who recognize that several of the politicians listed here are not Dalit, even if they may be identified as "Dalit political leaders"
• Dalit literature - marathi, kannada, Telugu, etc., including Arun Shourie's Worshipping false God--> why is Arun Shoorie's book a piece of Dalit literature?
• Reformations, scriptural quotations against and for such systems-->what is the relevance of "scripture" to the formation of Dalit identity or politics?
• movies made on the same theme etc
• problem of untouchability amongst converted also, like Christians and Muslims
• Mandal commission and anti-mandal movement-->The Mandal Commission concerned reservations for OBCs and not Dalits.
• present status of Dalits, on reservation policy and their total number etc.
• future course to eliminate this problem ?
• Rich get Richer ! Poor get Poor. Why ?
• religious practices of Dalits who have not converted to non-Hindu religions
• distinctions in the status of scheduled tribe outcastes and non-tribal outcastes
• Dalits in the Raj?

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v_karthikeyan@aol.in