*SORRY FOR THE LONG COPY N PASTE. BUT WHAT TO DO WHEN YOU SEE 'DECENT',
'DEMOCRATIC' AND 'ALL SAFE' ATTITUDE OF INDIAN ELITES.*


From: Human Rights Watch <[EMAIL PROTECTED] >
Date: Mar 14, 2007 6:24 AM
Subject: India: UN Finds Pervasive Abuse Against Dalits
To: [EMAIL PROTECTED]

India: UN Finds Pervasive Abuse Against Dalits

(New York, March 12, 2007) – The Indian government should take
immediate steps to implement the recommendations of a United Nations
committee that found persistent violence and discrimination against Dalits,
or so-called "untouchables," a group of international human rights
organizations said today.

The organizations include Human Rights Watch, the Center for Human
Rights and Global Justice at New York University School of Law, and the
International Dalit Solidarity Network.

On March 9, the UN Committee on the Elimination of Racial
Discrimination (CERD) issued its Concluding Observations regarding
India's compliance with the International Convention on the Elimination
of All Forms of Racial Discrimination. The Committee's report 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.

The Committee called for effective measures to implement laws on
discrimination and affirmative action, and sought proper protection for
Dalits and tribal communities against acts of "discrimination and
violence." The Committee has given India a year to respond to four of its
recommendations, including its recommendations on how India can end
widespread impunity for violence against Dalits, and Dalit women in
particular.

"The UN Committee's concluding observations confirm that India has
failed to properly protect Dalits and tribal communities," said Brad Adams,
Asia Director of Human Rights Watch. "This is a prime opportunity for
India to give its own policies on discrimination some meaning. Laws need
to be implemented, and those who violate them must be prosecuted."

The Concluding Observations were issued following two days of hearings
in Geneva on February 23 and 26 between Committee members and the
Indian delegation. During the hearing, Committee members uniformly
took issue with the Indian government's refusal to acknowledge that caste-
based discrimination is covered by the Convention and is an issue of
international human rights concern.


Inparticular, the Committee called on the Indian government to:
*  Introduce mandatory training on the application of India's Scheduled
Castes and Scheduled Tribes (Prevention of Atrocities) Act for police,
judges and prosecutors, and take disciplinary measures against those who
fail to implement this law.
*  Ensure the protection of witnesses and victims to caste-based crimes
and ensure their immediate access to effective remedies.
*  Prosecute and punish perpetrators of sexual violence and sexual
exploitation of Dalit women, and sanction anyone found preventing or
discouraging victims from reporting such incidents, including public
officials.
*  Eradicate the social acceptance of caste-based discrimination through
public education and awareness campaigns.
*  Ensure equal access to health care, safe drinking water, and other public
services.
*  Investigate all alleged cases of discrimination against Dalits in post-
tsunami relief and compensate or retroactively grant benefits to victims of
such discrimination.
*  Take effective measures to reduce dropout rates and increase enrollment
rates among Dalits at all levels of schooling by providing scholarships and
by ending classroom segregation.
*  Ensure proper enforcement of reservations or quotas to counter the
under-representation of Dalits and tribal communities in government and
public services.
*  Adopt measures to enhance Dalits' access to the labor market, including
by extending the reservation policy to the private sector.
*  Repeal the Armed Forces Special Powers Act that, while providing the
armed forces with widespread powers to search, arrest and shoot suspects,
leading to allegations of human rights abuses, has immunity provisions
under which troops cannot be prosecuted unless authorized by the Central
Government.

The Concluding Observations reflect the Committee's disappointment
with India's presentation before the Committee on February 23 and 26.
Despite India's Solicitor General Goolam Vahanvati's claim to the
Committee that the government is "deeply conscious and concerned about
caste and is fully committed to tackling this at every level," the Indian
delegation resorted to a semantic debate on the difference between caste
and race to support its erroneous assertion that the Convention only covers
race-based discrimination.

Citing India's extensive laws and policies to end caste-based
discrimination, none of which have been faithfully implemented, the
Indian delegation also questioned the credibility of the Committee's
sources of information. These sources included reports of India's own
governmental agencies and numerous reports by Indian and international
nongovernmental organizations, including "Hidden Apartheid," which the
NYU Center for Human Rights and Global Justice (CHRGJ) along with
Human Rights Watch produced as a "shadow report" ahead of CERD's
review of India's periodic report.

In its Concluding Observations, "the Committee reaffirm[ed] that
discrimination based on the ground of caste is fully covered by article 1 of

the Convention." It cited its position expressed in General
Recommendation No. 29, "that discrimination based on 'descent' includes
discrimination against members of communities based on forms of social
stratification such as caste and analogous systems of inherited status which
nullify or impair their equal enjoyment of human rights."

"The Indian delegation's arrogant rejection of well-documented abuses
against Dalits before UN experts in Geneva mirrors India's systematic
denial of Dalit rights at home," said Professor Smita Narula, faculty
director of the Center for Human Rights and Global Justice. "India once
again squandered an opportunity to enlist the support of experts in its
efforts to ensure equality in law and practice for its citizens."

Comprised of independent experts from around the world, the Committee
was led in its review by Mr. Linos-Alexander Sicilianos of Greece. On
December 27, Indian Prime Minister Manmohan Singh likened the
practice of untouchability in India to apartheid in South Africa. "After
this
statement," Siciliano said, "I sincerely feel that the official position [of
the
Indian delegation…] is simply untenable." The Committee formally noted
its appreciation for the prime minister's remarks in their Observations.

Committee members characterized India's position as a "broken record," a
"step backwards," and cautioned that India should not "confuse growth
with development." Sicilianos reminded the government that "change
cannot be achieved by legislation alone." The Committee also highlighted
its concern over "abuses at the local level" for which "radical measures"
were necessary. The Indian government's position left Committee
members asking why India did not choose to view the review as "an
opportunity rather than a threat." Committee members also noted that
caste-based discrimination was not unique to South Asia, but also existed
in many parts of Africa
The Committee's sharp rebuke to the Indian government has been
matched by growing scrutiny both inside and outside the country. On
February 1, 2007 the European Parliament passed a resolution voicing
strong concern about the plight of Dalits in India and urging the
government to engage with relevant UN bodies, including CERD.

"Instead of sidestepping its responsibilities, India should welcome
assistance from the international community to eliminate caste-based
discrimination," said Rikke Nöhrlind, coordinator of the International
Dalit Solidarity Network. "The fact that European Parliament strongly
urged its own institutions to address caste discrimination in all EU-India
relations reflects growing worldwide concern about India's 'hidden
apartheid.'"

More than 165 million people in India continue to be subject to
discrimination, exploitation and violence simply because of their caste. In
India's "hidden apartheid," untouchability relegates Dalits throughout
India to a lifetime of segregation and abuse. Caste-based divisions
continue to dominate in housing, marriage, employment and general social
interaction—divisions that are reinforced through economic boycotts and
physical violence.

"Hidden Apartheid," which was produced as a "shadow report" ahead of
CERD's review of India's periodic report, documents India's systematic
failure to respect, protect and ensure Dalits' fundamental human rights.
Severe violations persist in education, health, housing, property, freedom
of religion, free choice of employment and equal treatment before the
law.

The report also documents routine violations of Dalits' right to life and
security of person through state-sponsored or sanctioned acts of violence,
including torture. Dalit women face multiple forms of discrimination and
are frequent targets of sexual abuse. State and private actors enjoy virtual
impunity for these crimes.

For more of Human Rights Watch's work on India, please visit:
http://www.hrw.org/doc?t=asia&c=india



On 6/1/08, Afthab Ellath <[EMAIL PROTECTED]> wrote:
>
> Don't talk about the differences and rights so that the elite, arrogant,
> self-confident, universal, united and homogeneous upper caste capitalist man
> can rule the world with 'pure reason' ....
>
>
> On Sat, May 31, 2008 at 12:25 PM, sreenivas v.p <[EMAIL PROTECTED]>
> wrote:
>
>> Hello,
>>
>> Is it not possible to democratize the society without the trademark called
>> "caste "? Why you want to continue to  label a certain population as
>> Dalits and seclude them from the rest of the society ?
>> Dalits are becoming scapegoats in the name of reservation. Why you want to
>> separate them from the mainstream and then try to unite? There are some
>> feminists who accept the label called "women " and then try to become man .
>> In reality , the label "women" is only a myth . It is a mark imposed by men
>> to exploit the so called women . Similarly what is happening is ,a  label
>> is imposed upon SCs/STs to alienate and target them . This is why " Harijan
>> colonies" are made and nobody turns  upto the development of that area.
>> In this way, untouchability is reinforced. I have many Dalit friends who
>> have expressed similar views . We believe in a society where there are no
>> labels like Dalits, women , men etc, but only homosapiens.
>>  regards
>> sreenivas
>> bangalore
>>
>>
>>
>>
>>
>> *Afthab Ellath <[EMAIL PROTECTED]>* wrote:
>>
>> >> Anti reservation remarks are not aimed at dalits but to oppose any move
>> to  compartmentalize the education system based on caste and religion .
>>
>> This is how the cateist neo-liberal neocon view (read Mr Murali in
>> different threads) align with that of the 'secularist' state communists, on
>> cast question... They are very much concerned with the caste question when
>> it is raised for the democratization of the society.. Otherwise they are
>> very much comfortable with that....
>>
>> >> It is a truth that the real beneficiaries of reservation policy are not
>> dalits . If the reservation is not aimed at vote banks , why the government
>> is ignoring Adivasis and other tribal groups? what is the use of providing
>> reservation to dalits when they lack basic amenities like food and shelter ?
>>
>>
>> Why it happens? Why the places where dalits and minority live are excluded
>> from infrastructural developments like roads, schools, electricity, water
>> (read sachar and many other reports) ? Why the probem of "good governance"
>> (again from Murali) is also a specific dalit and minority problem?
>>
>> Still we shouldn't talk about the dalit respresentation in governance....
>> It will "deeply divide" our society...
>>
>> Regards
>> Afthab
>>
>>
>>
>>
>> On Fri, May 30, 2008 at 10:46 AM, C.K. Vishwanath <
>> [EMAIL PROTECTED]> wrote:
>>
>>>
>>> I would like to reject your meritocratic arguments
>>> fully.And i saw your the hindu letter as well.we know
>>> the first generation graduates of india's
>>> meritocracy in 19th century(-the credit goes to
>>> chandraben prasad-dalit diary).Most of those savarnna
>>> students were third rate graduates (opinion given by
>>> british professors).
>>> Your arguments are in league with thacher-regan
>>> consensus.Where is the level playing field for india's
>>> entire subarltern section of the society?
>>> --- "sreenivas v.p" <[EMAIL PROTECTED]> wrote:
>>>
>>> > The "reservation politics" has diluted the quality
>>> > of higher education in the country .Instead of
>>> > giving reservation, what the government needs to do
>>> > is to provide better living condition for the
>>> > citizens . Let each individual work hard and come up
>>> > in life . We should throw away the democratic system
>>> > inorder to protect our education sector.
>>> >   regards
>>> >   sreenivas
>>> >   bangalore
>>> >
>>> >
>>> >
>>> >
>>> >
>>> >
>>> >
>>> > "C.K. Vishwanath" <[EMAIL PROTECTED]>
>>> > wrote:
>>> >   Note: forwarded message attached.
>>> >
>>> >
>>> >
>>> >
>>> >
>>> >
>>>
>>> > Date: Wed, 28 May 2008 08:41:46 -0500 (CDT)
>>> > Subject: ACHR Review: The Gujjar protest and
>>> > reservation politics
>>> > From: "ACHR REVIEW" <[EMAIL PROTECTED]>
>>> > To: [EMAIL PROTECTED]
>>> >
>>> > ACHR WEEKLY REVIEW
>>> > [The weekly commentary and analysis of the Asian
>>> > Centre for Human Rights]
>>> > [ACHR has Special Consultative Status with the UN
>>> > ECOSOC]
>>> > C-3/441-C, Janakpuri, New Delhi-110058, India
>>> > Tel/Fax: +91-11- 45501889 25620583
>>> > Website: www.achrweb.org; Email:
>>> > [EMAIL PROTECTED]
>>> >
>>> > Index: Review/217/2008
>>> > Embargoed for: 28 May 2008
>>> >
>>> > Dear Sir/Madam,
>>> >
>>> > Please find attached this week's ACHR WEEKLY REVIEW
>>> > titled "The Gujjar
>>> > protest and reservation politics". It is available
>>>  > at
>>> > http://www.achrweb.org/Review/2008/217-08.html
>>> >
>>> > The ongoing protests by Gujjars in Rajasthan have
>>> > already claimed at least
>>> > 38 lives. The showdown is likely to intensify with
>>> > the Gujjar protestors
>>> > blocking the National Highway linking Jaipur to
>>> > Delhi, and the security
>>> > forces surrounding the protestors.
>>> >
>>> > In the last two decades, affirmative actions have
>>> > been diluted for vote
>>> > bank politics. The Central government of India must
>>> > find a holistic
>>> > solution to the demand for Scheduled Tribe status by
>>> > several groups and
>>> > for that matter the government must develop or lay
>>> > down clear criteria
>>> > required for being recognized as Scheduled Tribes.
>>> > There are over 100
>>> > groups which have submitted applications to the
>>> > Ministry of Tribal Affairs
>>> > for recognition as Scheduled Tribes. If the Centre
>>> > attempts to find a
>>> > solution only for the Gujjars, it will open the
>>> > Pandora box.
>>> >
>>> > "ACHR WEEKLY REVIEW" provides detailed, independent
>>> > and accurate
>>> > information and analysis on human rights, democracy
>>> > and governance issues.
>>> > You are free to publish "ACHR WEEKLY REVIEW" and use
>>> > a part thereof with
>>> > due credit to the ACHR WEEKLY REVIEW.
>>> >
>>> > If you prefer not to receive "ACHR WEEKLY REVIEW",
>>> > please write to us at
>>> > the above email address and we shall be happy to
>>> > take you off the mailing
>>> > list.
>>> >
>>> > You are also free to forward copies of "ACHR WEEKLY
>>> > REVIEW" or email us
>>> > the email address/es of any person/s who may be
>>> > interested to receive the
>>> > same.
>>> >
>>> > If you would like to receive the "ACHR WEEKLY
>>> > REVIEW" in text format,
>>> > please do let us know.
>>> >
>>> > With kind regards,
>>> >
>>> > Yours sincerely
>>> >
>>> >
>>> > Suhas Chakma
>>> > Director
>>> >
>>> > Encl: As above.
>>> >
>>> >
>>> >
>>> > ---------------------------------
>>> >  Has your work life balance shifted? Find out.
>>>
>>>
>>>
>>>
>>>
>>>
>>>
>>
>>
>>
>>
>>
>> ------------------------------
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>>
>
>
>
> --
> Regards
>
> Afthab Ellath
> >
>

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