There's a much larger house on fire

P. Sainath

About the time 50 Dalit houses were set ablaze in Gohana, the country marked 50 
years of a law giving effect to the Constitution's abolition of untouchability. 
As if to rub it in, 25 more Dalit homes were torched the same week in Akola, 
Maharashtra.

Burri nazar walle, theri ghar mein ladki paida ho (You evil-eyed people, may 
girls be born in your homes).

SCRAWLED ON the back of a lorry in Gohana, those words capture the soul of 
casteism in Haryana. Even while taking a crack at Dalits whose houses they had 
reduced to rubble, their oppressors couldn't fail to proclaim women to be a 
curse. (A view many of them clearly act upon. You can see that from Haryana's 
appalling sex ratio of 861. That was the worst among major States in the 2001 
census.)

Of course the Constitution banned untouchability. It was to give effect to 
Article 17 that Parliament passed the Untouchability (Offences) Act, 1955. This 
was later made more stringent and renamed the Protection of Civil Rights Act, 
1955. Still the crimes went on. So, along the way, we brought in quite a few 
other vital laws. Like the Scheduled Castes and Scheduled Tribes (Prevention of 
Atrocities) Act of 1989. Crimes under this Act invite harsher penalties than 
similar offences would under the Indian Penal Code. Half a century into the 
process, we grapple with the very crimes the first of these laws sought to end.

Was Gohana 2005 a one-off aberration? We could then say: awful, but these 
things happen. And get on with life. The catch of course is that they happen 
every so often. And to the same people. Even a show of mandatory anguish "what 
an atrocity" doesn't begin to meet the problem. Not when the crime is systemic, 
societal, and structured. Not when a state disables its own citizens.

The countless reports on the subject over the years do not show discrimination 
against Dalits to be dying away. The many volumes of the National Commission 
for the Scheduled Castes and Scheduled Tribes make grisly reading. Crimes 
against Dalits and Adivasis have risen by the decade. By as much as 25 to 28 
per cent in some periods. Yet the number of such cases ending in conviction of 
the criminals is dismal. Less than one per cent in some courts.

The events in Gohana and Akola are just a part of an ongoing crime against 
humanity. For that's what caste-based discrimination is. (But I'm still sure 
you'll see editorials that tell us these things are wrong because `they send 
bad signals to investors.')

In Gohana, the dominant castes, the police, the state, all did their bit in 
bringing terror and ruin to the Dalit basti. (The police say that after a Jat 
died in a clash with some Dalits, the Jats `retaliated.') Fearing an attack, 
over 1,000 Dalits fled the basti. The police steered clear of the village while 
a mob of some 1,500 people burned around 50 Dalit houses to the ground. A 
thousand people had fled knowing an attack was coming. Yet the police claim 
they were clueless about it.

The Dalits here are Balmikis. That group is possibly the worst off within the 
Scheduled Caste fold. More so in terms of the humiliation it bears. In caste 
society's eyes, the Balmikis embody the worst forms of "impurity." They are 
`manual scavengers.' They handle and dispose of "night soil." (That's polite 
society's term for human excreta.)

Gohana's Balmikis had tried to climb out of that caste-imposed rut. They had 
educated their children. Got jobs outside their traditional role. Some even 
landed low-level government posts. And over years the Balmikis fought off the 
efforts of the Jats to extract begar or "forced labour" from them. Their 
relative improvement was itself a major provocation. This is consistent with 
attacks on Dalits in other parts of the country too. Doing better is a crime.

The mob in Gohana did not kill any Dalits. Partly because they had already 
fled. The focus, though, was on looting and on destruction of property. Dalits 
owning decent houses? With fridges and television sets? They had to be shown 
their place. Houses having gas connections were destroyed using the absent 
owner's LPG cylinders. The relatively good houses of the Dalits were an eyesore 
to their enemies.

Gohana's Balmikis had, against daunting odds, emerged from the depths of 
deprivation. They had created these houses and assets over decades. With a kind 
of effort that much of society might never understand. In these, they invested 
not just their money but their emotions, passion, dreams, and the future of 
their children. The death of those dreams, the destruction of those assets, was 
achieved in hours. Petrol cans and police connivance were all it took.

The State now offers each home Rs. 1 lakh as compensation. A fraction of its 
losses. Forget tending to the trauma. Note the manner in which the Dalits were 
`punished.' In true feudal tradition, an individual offence became a collective 
crime. A Dalit is alleged to have killed someone. All Dalits in his basti must 
pay the price. The due course of law gets dumped. The caste panchayat reigns 
higher than the courts.

It was in the same State a few years ago that police battered little Usha, also 
a Balmiki, in Jind. The girl, not yet in her teens, was helping her mother 
clean a local school. The school headmistress accused her of stealing a gold 
chain. Not content with thrashing the frail child herself, she called in the 
Haryana police. Meanwhile, the chain was found. The headmistress had merely 
mislaid it. The family got the girl back, unconscious, badly bruised and with 
teeth broken.

We could, of course, say "that's Haryana." And there would even be an element 
of truth in it. Except that the same prejudices work in many ways across most 
of the country. Chunni Lal Jatav, a survivor of the Kumher massacre in 
Rajasthan, once put it famously. "All the judges of the Supreme Court do not 
have the power of a single police constable. That constable makes or breaks us. 
The judges can't re-write the laws and have to listen to learned lawyers of 
both sides. A constable here simply makes his own laws. He can do almost 
anything." With state and society winking at him, he pretty much can.

And those committing crimes against Dalits know they have a great chance of 
getting away with it. State Governments have dropped countless cases filed 
against upper caste offenders under the Scheduled Castes and Scheduled Tribes 
(Prevention of Atrocities) Act of 1989. Kalyan Singh's BJP Government in Uttar 
Pradesh dropped such cases in thousands. A move quickly emulated by the Shiv 
Sena regime in Maharashtra. Later governments did not reinstate these cases.

In Tamil Nadu, Dalits have been forced out of elected office even in reserved 
panchayats. In Melavalavu, the Dalit panchayat president's head was severed and 
thrown into a well. Dalits in Dravidian Land, an excellent book by Frontline's 
S. Viswanathan, paints a powerful picture of Dalit life in that State.

Oddly, whether it's Gohana, or Jhajar before it, discussion on these issues 
seldom links up to those other, ongoing debates. For instance, that on 
reservation. No link is seen between any of this and the debates on social 
justice. On present SC / ST quotas. Or on the call for quotas in the private 
sector. Gohana actually has people who gained, if modestly, from reservation.

Against huge odds, Gohana's Balmikis snapped their chains. They educated their 
children. This is not easy. In schools, their boys and girls face the taunts of 
`upper' caste peers. (Across the country, large numbers of Dalit pupils drop 
out of school to escape such humiliation.) First, society places them under 
inhuman handicaps. Then we demand a "level playing field" against them in jobs 
and education.

The children of manual scavengers and other poor people return each evening to 
homes without electricity. And so cannot study in the way other kids can. They 
go back to homes without good books. They cannot afford "tuitions." They have 
no "connections" to land them jobs or seats. In the face of these odds, their 
achievements are admirable. A true level playing field could actually tilt the 
balance in their favour. For it would start by ending their handicaps. But look 
at the fury stoked by the mere idea of private colleges setting aside seats for 
such people. (Never mind that the Supreme Court judgment allows such colleges 
to create quotas for rich NRIs.)

Yet, Gohana's Dalits have achieved something more. Dalits in Haryana are now 
stepping into the public space in a way not seen too often. And Dalit women 
appear to be in the forefront of the protests. There is a lot of pressure on 
the government to act. The Congress' own Dalit MLAs are in the hot seat. All 
this is good. Yet there is a much larger house on fire. If only we could see 
it.

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