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From: Ajay <ajayda...@gmail.com>
Date: Sun, Jun 14, 2009 at 6:04 PM
Subject: [humanrights-movement:1635] Dalits in a 'Hindu rashtra'
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Dalits in a 'Hindu rashtra'

By Subhash Gatade

Everyone knows about Gujarat’s bias against Muslims. But consider the
dalits in this ‘Hindu rashtra’: they are confined to ‘dalits only’
housing societies in Ahmedabad, school quotas for recruitment of dalit
teachers are ignored, and dalits are buried in separate burial grounds
if available and in wasteland if not

The severe earthquake that hit Gujarat in 2001 and the subsequent
relief and rehabilitation programme revealed to the outside world the
deep-seated caste bias in the Gujarati community, apart from the much
talked about bias against the minority communities. There were reports
that in some places the relief and rehabilitation work bypassed both
the dalits and the Muslims.

Similarly, the organised killing of Muslims a year later, in 2002,
also saw several dalit casualties. While the co-option of a section of
the dalits in the Hindutva agenda and their metamorphosis as foot
soldiers of the Hindutva brigade was duly reported, the media did not
deem it necessary to emphasise that the riots also affected dalits.
One hundred and eight dalits lost their lives, 38 in the city of
Ahmedabad alone. Quite a few of these deaths occurred when dalits
resisted the Hindutva goons by siding with hapless Muslims.
Interestingly, Dr Bhim Rao Ambedkar had asked his followers to stop
Hindu Raj becoming a reality at all costs.

Discrimination against dalits in Gujarat occurs routinely -- in
housing, in education, and even in death.

No place for the dead

When Naresh Solanki's two-and-a-half-year-old nephew died in 2001, the
grieving family from Hooda village in Palanpur block of Banaskantha
district buried the child in the community burial ground. No sooner
had they reached home than they heard that a member of the Patel
community from the village had exhumed the body with a tractor. The
powerful Patels had encroached on some part of the land next to the
burial ground and were offended by the burial.

It has been more than seven years since that incident took place and
the dalits of Hooda village are still waiting for the collector and
the village panchayat to allot them some land for burial. When a
community elder died in 2008, his body had to be carried to another
village, where dalits have a separate graveyard.

That the problem of burials for dalits is not limited to Hooda is
borne out by a report in Mail Today in the first week of February
2009. It said that dalits are not allowed to use common burial grounds
in Gujarat and are often forced to bury their dead in wastelands near
villages. Absence of any legal entitlement to this land allows the
dalits to be pushed out of such lands by dominant upper castes.

A survey conducted by the Gujarat Rajya Grampanchayat Samajik Nyay
Samiti Manch found that out of 657 villages in Gujarat, 397 villages
do not have any designated land allotted for burial for dalits. Out of
the 260 villages where land has been formally allotted, 94 have seen
encroachments by the dominant castes and in 26 villages the burial
ground is in a low-lying area and therefore gets waterlogged.

When the question of burying their dead comes up, dalits have much in
common with Muslims who also find their graveyards being encroached
upon by the dominant classes. A few years ago, the Gujarat high court
had to intervene and ask the state government to post police personnel
to block attempts to encroach on the graveyard of Muslims in Patan.

Disclose your caste, lose your house

If dead dalits have no dignity in a ‘Hindu rashtra’, neither do the
living, and this in the state capital of Ahmedabad.

It is the common experience of dalits living here that if they
approach an upper caste builder for housing, they are either directly
discouraged or tacitly denied. It is immaterial if the dalit is
economically well-off.

Such discrimination, deeply entrenched, received a new lease of life
after the 2002 carnage. In Ahmedabad, ‘dalits only’ residential
societies have come up. There are around 300 of them. An article on
the subject in the Indian Express emphasised that it is “not a matter
of choice, but of compulsion”:

“ ‘Even if a dalit can afford a flat in areas dominated by the upper
castes, they are often denied by the builders or the seller,’ retired
IAS officer P K Valera, who lives in one such dalit society in
Ramdevnagar, says. Some social scientists say the alienation started
since 1982, after the anti-reservation agitation, but agree that the
caste and class distinctions have become more serious in recent years.
This trend can be seen not only in the walled city but also in the
posh areas of west Ahmedabad like Satellite, Vastrapur, Bodakdev,
Ambavadi. Socio-political scientist Achyut Yagnik says, ‘There are
more than 300 dalit societies in the city. In Chandkheda alone, there
are 200 societies, most of which have come up after the 2002 riots
when people moved out from Gomtipur, Bapunagar and Dani limda area.
You will find construction contractors who only build dalit
societies.’ ”

(‘A Dalit? Go Find a Dalit Society’ by D P Bhattacharya, Indian
Express, Ahmedabad, June 17, 2007)

Of course this near-segregation of dalits to specific areas under the
great umbrella of Hindu unity does not stop the Sangh Parivar from
using dalits for their sectarian agenda during elections and riots.
The list of the dead and wounded in the 2002 riots contains mainly
Muslim and dalit names.

Schools flout recruitment rules with impunity

There are around 3,255 non-grant schools in the state according to the
website of the Gujarat State Secondary and Higher Secondary Education
Board. Almost all of them violate the statutory provisions of the
Education Act, 1972, when it comes to hiring teachers from the
scheduled communities. There are consequently only a handful of
teachers from the scheduled communities in all these schools

Under the provisions of the Education Act, 1972, it is mandatory for
all grant and non-grant schools to abide by the reservation policy
while making recruitments. Any school found to be violating its
provisions can have its registration cancelled. Experience shows that
the rule is openly flouted by the non-grant schools. The state
government conveniently argues that it can't compel the schools to
comply because they are not given any aid.

The May 26, 2008 edition of the Indian Express, Vadodara edition,
carried an expose on this scam entitled ‘Government looks the other
way as schools flout recruitment norms for teachers.’ According to the
social justice and empowerment department, which is supposed to
supervise the implementation of the reservation policy, the reason the
statutory provisions of the act are not being implemented is the
absence of a roster reservation act under which it is mandatory that a
certain number of seats – say every third or fourth seat -- be
reserved for SCs and STs.

It was an application filed under the Right to Information Act by a
leading social worker of Gujarat enquiring about the number of
teachers who have been recruited by non-grant schools under the
reservation policy that led to the expose of these details. Expressing
concern over the state of affairs, the social worker has demanded two
things: cancelling the registration of errant schools and punishing
the officers who have been responsible for subverting the policy.

Atrocities cases

The rate of conviction of cases under the Prevention of Atrocities Act
against scheduled castes and scheduled tribes (SC/ST) in Gujarat is a
mere 2.5%, while the rate of acquittal is 97.5%. A 23-page
confidential report submitted by the state social justice department
to the state chief secretary and legal department provides glaring
examples of “mishandling of cases registered under Prevention of
Atrocities Act against SC/ST.” (Indian Express, September 15, 2006).

The report provides details of how cases are not investigated properly
by the police and the hostile role played by public prosecutors during
trials. It revealed other anomalies.

- The Act clearly stipulates that offences that are registered under
this Act cannot be investigated by an officer below the rank of deputy
superintendent of police but more than 4,000 such cases have been
investigated by a police inspector or sub-inspector.

- Acquittal of the perpetrator because the victim is not identified as
a member of SC or ST community. The reason for this is that the caste
certificate of the victim is not attached to the case papers.

- Public prosecutor’s false claims before the courts that the Act has
been modified by the state government although it is known that it is
a central act.

- Granting of anticipatory bail although there is no such provision in
the Act. Interestingly, the Parliamentary Committee on SC and ST
affairs had also expressed concern over such anticipatory bail granted
“in atrocity cases in the state of Gujarat”.

It was a detailed and systematic study of 400 judgments by Vajibhai
Patel, secretary of the Council for Social Justice that compelled the
government to work on this 23-page report. According to the study the
utterly negligent police investigation at both the higher and lower
levels coupled with the distinctly hostile role played by public
prosecutors is the main reason for the collapse of cases filed under
the Atrocities Act. Patel has meticulously documented the judgments
delivered under this Act since April 1, 1995 in the Special Atrocity
Courts set up in 16 districts of the state. His study also blasts the
common perception that the inefficacy of this law is due to false
complaints being lodged or compromises between the parties; in
actuality, it is a complicit state that has rendered the Act
toothless.

Such a situation has existed for some time. The National Crime Records
Bureau had made an observation a few years ago that went unnoticed. It
said that Gujarat ranks third in the country after Uttar Pradesh and
Bihar in atrocities against dalits (Asian Age, April 11, 2003). An
earlier report by the Bureau, in 1998, also revealed a disturbing
picture of ‘Vibrant Gujarat’. According to this report, the total
number of atrocities against dalits in the country was 25,617. Of
these, 8,894 cases were registered in Gujarat alone, including 28
cases of rape of dalit women, the seventh highest in the country.

Nothing was done by the Bharatiya Janata Party government to check
offences against SCs and STs. The special dalit courts envisaged in
all districts under the SC and ST (Prevention of Atrocities) Act 1989
exist in only 10 of Gujarat’s 26 districts, and none of these 10
courts accord special status to dalit issues, according to dalit
activists.

Ambedkar’s prognosis

One can go on belching out statistics about the situation of dalits in
the first ‘Hindu Rashtra’ in secular-democratic India. Two main issues
need to be addressed:

- Why has the near secondary status of dalits not become an important
issue in the anti-communal movement?

- Why is a section of dalits still enamoured of Hindutva? Is it a sign
of the upward mobility of dalits within the Hindu religion or is it a
marker of the accumulated hatred towards the minority communities and
getting ready to play out the Hindutva agenda on its own?

It needs to be emphasised here that all over Gujarat one finds
thousands and thousands of boards put up at prominent places by one of
the affiliates of the Sangh Parivar saying ‘You are entering this or
that locality of Hindu Rashtra’. This is completely illegal and an
open proclamation of secession from the rest of society.

At this juncture one thinks of Ambedkar’s prognosis vis-a-vis Hindu
Rajya. In his book Pakistan or Partition of India written before the
partition of India, he clearly prophesises: “If Hindu Raj becomes a
reality then it would be the greatest menace to this country. Whatever
Hindus may say, actually it does not make a difference that Hinduism
is a danger to Independence, Equality and Brotherhood. Thus it is an
enemy of democracy. We should make all-out efforts to stop Hindu Raj
from becoming a reality.” (page 358).

It doesn’t look like anybody is listening.

(Subhash Gatade is a social activist, translator and writer whose
writings appear regularly in Hindi and English publications and
occasionally in Urdu publications. He edits a Hindi journal Sandhan)

InfoChange News & Features, June 2009

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
"Ours is a battle not for wealth or for power.
It is a battle for freedom. It is a battle for the reclamation of
human personality."
- Dr BR Ambedkar
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~





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