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Dalits demand justice, now

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Dalit Rights activists release ‘Black Paper’, march to Parliament and submit 25 lakh signatures to PM; a ‘White Paper’ and ‘Ambedkar Decade’ demanded

“They say we are untouchables,  let’s be untouchables by be coming live wire,” was the call  given last week by minister  for communications Ram Vilas Paswan to hundreds of Dalit activists who had converged upon Delhi for the release of the ‘Black Paper’ on the status of Dalit Human Rights, a report published by the National Campaign on Dalit Human Rights (NCDHR).

The next day, on December 9, charged and electrified by the resounding rhythm of Dalit drummers and the rallying slogans of hundreds of Dalit activists who had marched with them from Mandi House to the Parliament, an NCDHR delegation met with Prime Minister Atal Behari Vajpayee. They were accompanied in solidarity by Paswan, Ramdas Athawale, Member of Parliament, Bandaru Dattathreya, deputy minister for urban development, and Bangaru Lakshman, Member of Parliament.

Collectively, the group called upon the PM to implement the demands listed in the ‘Black Paper’, and to support the tabling of a ‘White Paper’ in Parliament on the actual condition of Dalits today and the performance of the Indian State since Independence in the area of Dalit Human Rights. They also urged him to declare the next decade as ‘Ambedkar Decade’ in order to implement the demands spelt out in the Black Paper’. 

The ‘Black Paper’ is a severe indictment of the State for its denial of Dalit rights to livelihood, education, reservation and employment, land and labour, life and security, and gender equity for Dalit women. It is a well–researched document containing enormous data on the socio–economic situation of Dalits today.

Upon releasing the ‘Black Paper’ the previous day, Athawale, who is also secretary, SC/ST Parliamentarians’ Forum, called the ‘Black Paper’ the “announcement of our fight for human rights and social justice. The rights in the ‘Black Paper’ are very important. If we gain these rights no one in the world can oppress us.”

He made an urgent and vigorous call to implement ‘Black Paper’ demands, including lowering the ceiling limit in the Land Ceiling Act and implementing the reservation policy and compulsory and universal education. Citing ‘Black Paper’ statistics, which show that 2/3rds of Dalits are illiterate and primary school enrolment among Dalit children is only 16.2 per cent, Athawale called upon the government to provide free and compulsory education to Dalits at all levels and to launch a total literacy program for Dalits to be achieved in ten years.

The link between landlessness and atrocities, noted Athawale, needs to be crucially addressed by taking stringent measures against culprits who perpetrate atrocities and by distributing five acres of cultivable land to each Dalit household.  86 per cent of Dalit households are landless or near landless. That struggle for land is a root cause of atrocities against Dalits is evident in the killing of 277 Dalits in Bihar between August 1994 and February 1999 by the Ranavir Sena, a militia of upper-caste landlords. Almost all those killed were poor and landless agricultural labourers who had dared to demand land and minimum wages.

“We should demand land. If by asking we don’t get it, we should build up our strength to fight and get it,” exhorted Athawale. “What is of urgent importance, therefore, is that Dalits have to be militant. When we start insisting on our rights, there will be resistance, but we should not be afraid,” he added, while minister Paswan appealed to the Dalits to join others on social justice issues.

“Irrespective of the parties to which one belongs, the cause of Dalit rights should be our priority concern and commitment,” said Paswan.

Paswan, Athawale, the NCDHR delegates, along with Dr. Dattathreya and Lakshman took up many of these same demands and issues the next day in their meeting with the Prime Minister.

When the Prime Minister commented that untouchability was on the decline, the group cited numerous surveys from the ‘Black Paper’ which show that a large majority of villages in rural India still practice various and numerous forms of untouchability, including the two glass system in hotels, barring temple entry, and separate water sources. Also, almost 9 lakh Dalits in India today continue to earn their livelihood as manual scavengers, 15,000 of them in the national capital itself.

They went on to urge the PM to bring an amendment to Article 21, Part 3, Fundamental Rights, to ensure livelihood rights and the passage of the Basic Rights Agenda 2000 in the 13th Lok Sabha for the upliftment of Dalits. 

Today, Dalits are denied even basic livelihood rights. Over 20 per cent of the community do not have access to safe drinking water, almost 50 per cent live below the poverty line, 70 per cent lack electricity, and 90 per cent lack sanitation. To ensure the livelihood rights to Dalits, the NCHDR calls for the allocation of 20 per cent of GDP and a 15 per cent annual income tax on the corporate sector.

For the protection of Dalit life and security, the campaign urged the Prime Minister to promote and enforce effective implementation of the SC/ST (Prevention of Atrocities) Act, 1989, and Rules, 1995.  This would be further backed up by recruiting a proportional percentage of Dalits to different classes of the police force, providing arms and training for self–defence against the perpetrators of atrocities and violence, and establishing special courts at the Supreme Court and district levels to speedily try cases of atrocities and untouchability covered by the act.

Reiterating the necessity for continuing the reservation policy, Paswan emphasised the need for reservation in the judiciary and in promotion to all the services in the bureaucracy. He underlined the duty of the government to fill in all the Class I & II reserved posts that are currently being occupied by non–SC/STs. The backlog of SC/ST appointments is supposed to be enormous — around 10 lakhs in the Union Government Services, not to mention many more in different states.

The Prime Minister assured the group that he is committed to the empowerment of Dalits as has been forcefully stated in his party’s manifesto. Earlier in the week, Athawale had submitted to the Prime Minister a memorandum reiterating the demands of the NCDHR that had been signed by many other Dalit and pro–Dalit MPs.

Over 300 hundred Dalit women delegates also met on December 8 for a National Dalit Women’s Conference, the outcome of which was ‘The Dalit Women Declaration of Gender Rights and Demands’ to be presented to the Indian public and the government for immediate consideration and action. 

(Press release dated December 14, 1999 of the National Campaign for Dalit Human Rights).

Archived from Communalism Combat, January 2000. Year 7  No, 55,  Dalit Drishti 1

Erosion in minority rights: India criticised

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Human Rights Watch, an international human rights’ organisation has released a report on the rights’ situation in India that could prove embarassing for the BJP government at the centre. Dealing among other things with the increasing threats to the life an security of religious and ethnic minorities, the group has put out a set of recommendations that could be used to rally opinion at national and international for a.In the recommendations made by HRR are :

“The government of India should demonstrate its commitment to protecting the rights of minorities by implementing the following recommendations at the earliest possible date. In compliance with the Indian constitution and the International Covenant on Civil and Political Rights, it should ensure that all citizens may equally enjoy freedom of conscience and the right to freely profess, practice, propagate, and adopt religion. In particular, it should commit to taking steps to prevent further violence and prosecute both state and private actors responsible for attacks on religious minorities.

Ø Recommendations to the Government of India provide adequate police protection to Christians and other minority communities in violence-affected areas and increase the number of police stations and outposts in each district.Require that police register all cases of communal attacks, regardless of the religious background of the complainant, and enforce this regulation through frequent reviews of registers by a magistrate or other competent judicial authority and the establishment of a civilian review board mandated to investigate complaints. Police who violate the regulation should be dismissed.Investigate and prosecute state officials complicit in attacks onminorities. Police who are found to be complicit should be dismissed.End impunity for past campaigns of violence against minorities. That is, prosecute and punish all those found responsible for murder, rape, assault, and destruction of property during the post–Ayodhya violence of December 1992 and January 1993. Police responsible for excessive use of force should be prosecuted; those who having the power and duty to stop the violence but did not intervene should be punished accordingly. Victims and family members should be paid compensation.Implement the recommendations made by the National Commission for Minorities in its reports on attacks on Christians in various states.Make public the recommendations of the Wadhwa

Commission and prosecute those found responsible for the 1999 attacks in Orissa.Ensure speedy review and publication of findings by commissions of inquiry appointed by the state to investigate abuses against minorities.Strengthen the capacity of the National Human Rights Commission, the National Commission for Minorities, and the National Commission for Scheduled Castes and Scheduled Tribes to operate branch offices in all states with enough financial resources and powers to initiate Prosecution of cases.

Ø Prohibit surveys by district administrations to assess the activities and whereabouts of minority community members and leaders.Launch a nationwide public awareness campaign regarding the dangers of communal violence. This campaign should explain in simple terms what actions are legally prohibited, what recourse is available to minorities, and what the procedures are for filing a First Information Report (FIR: the first report, recorded by the police, of a crime). It should also include a program of public service announcements in all states aimed at sensitizing the population against any form of religious extremism and creating awareness of minority rights.Implement the recommendations made by the U.N. special rapporteur on the question of religious intolerance in his report on his December 1996 visit to India. In particular, the following recommendations should be implemented:

1. Increase awareness of the existence and dangers of extremism because, despite the fact that it is confined to a minority, its influence on the masses through political parties, places of worship, schools and even seats of power, could well destroy community and religious harmony in India.

2. The Representation of the Peoples Act, 1951, should be scrupulously implemented and that in addition it should be speedily supplemented by a new act debarring political parties from the post-election use of religion for political ends.

3. Places of worship should be used exclusively for religious, and not political, purposes.

4. Education can play a vital role in preventing intolerance, discrimination, hate and violence (including violence motivated by extremism) by creating and disseminating a culture of tolerance among the masses and the most disadvantaged segments of the population. It can make a decisive contribution to the assimilation of values based on human rights by the use of school curricula and textbooks reflecting principles of tolerance and non-discrimination.

Recommendations to the International CommunityIndia’s donors and trading partners should pressure the Indian government to implement the recommendations of the Srikrishna Commission on the 1992–1993 Bombay riots, and the recommendations of the National Commission for Minorities on attacks against Christians.

Archived from Communalism Combat, January 2000. Year 7  No, 55,  Human Rights 3

‘Golden Corridor’ of Gujarat: Who Bears the Cost?

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Asthma,cancers, infertility and related problems, corrosion of fingers, toes and perforation of the nasal septum (the wall separating the nostrils), skin irritation and other related health problems are the fate of hundreds of thousands of people, both workers and local populations living within Gujarat’s industrial belt, also known as its “golden corridor”.

The unbriddled expansion of industry in this belt that stretches from Vapi in Valsad district to Nadesari in Varodara in complete violation of environmental controls and norms is the subject matter of a recent investigation conducted by the Indian People’s Tribunal that released its report last month. This inquiry was held in response to the requests from Paryavaran Suraksha Samiti, Vadodara Kamdar Union, Vyavasahik Swastha Swaksha Mandal and other concerned individuals and organisations active in the area. The inquiry was headed by Justice Suresh, retired High Court judge, assisted by a panel of experts: environmental lawyers, community health specialists, occupational health specialists and scientists.

The eleven–member team visited various areas in the Corridor to examine the effects of indiscriminate industrialisation and the resultant pollution of air, water and land by noxious gases, toxic chemical effluents and other hazardous substances, which have both destroyed the livelihood sources of the local population but have also posed a grave threat to their health and lives. The local population in all the industrialised areas has recorded a loss in livelihood in terms of the loss in agricultural and horticultural produce and in fish stocks, especially in the inland water bodies.

In addition, the IPT also inquired into the occupational health and safety of workers in some specific industries where blatant violations of safety norms have caused serious damage to the workers’ health.

Gujarat has rolled out the red carpet for industrial investment with little or no consideration for environmental norms.
The report, documents how Proper Environmental Impact Assessments were not carried out, the hazardous solid waste and toxic effluents that are spewed out are not being monitored neither is the disposal of such waste given any attention. At most places, the report states, there is no pollution control equipment and whatever efforts have been made to provide for the control of pollution have been half-hearted and ineffective. Moreover, no consideration was given to the fact that the industrial estates were dangerously close to human settlements. The IPT team observed several instances of blatant violations.

For instance, 50 lakh metric tonnes of chalk, loaded with heavy metals, was found lying illegally in a village without any impervious layer to prevent its seepage into groundwater sources and soil. In the monsoons of 1997 and 1998, this chalk hill slid and gushed into the several houses of the village.

In another instance, the Effluent Channel Project carrying effluents of nearly 150 industries, running 56 kms in length and passing through 24 villages is used as irrigation water due to an acute shortage has resulted in the spread of heavy metal contamination of the food chain throughout the 24 villages.An overwhelming 61 per cent of the factory units in Ankleshwar alone were found by the investigators to have “unsatisfactory working conditions” as defined under the Factories Act, 1948. Thus, the “potential of a major environmental accident endangering the lives of thousands of workers and the general public residing in the vicinity is hanging like a Damocles sword over the entire Corridor.” The Indian People’s Tribunal on Environment and Human Rights (IPT) was launched on June 5, 1993 at a National Conference on Human Rights, Environment and the Law held in Bangalore. The mandate of the IPT is to highlight environmental and human rights violations, both by the state and private parties, and give voice to the struggles of grass root organisations and affected communities. The IPT endeavours to place before the public and the authorities a factual picture of the ground realities, based on objective investigation by experts.

Archived from Communalism Combat, January 2000. Year 7  No, 55, Human Rights 1