HVK Archives: UN body slams India for untoucability
UN body slams India for untoucability - The Economic Times
Posted By HVK Editor (hvk@hindunet.org)
Mon, 7 Oct 1996 09:08:25 -0500 (CDT)
The voice of India's 250 million indigenous peoples - Dalits.*
(* THE WORD DALITS MEANS THE DOWNTRODDEN OR THE UNTOUCHABLES)
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Ambedkar Centre for Justice & Peace (ACJP) P.O. Box 846, Stn. P, Toronto
Ontario, CANADA M5S 2Z2 Fax: (416) 531-2817 Phone: (416) 533-66810
Working with United Nations Centre for Human Rights
Working Group on Indigenous Populations Email:
acp@torfree.net acjp@freenet.toronto.on.ca
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ACJP is a non-profit human rights organization in support of India's
Dalits (CONTACT PERSON - YOGESH VARHADE , PRESIDENT)
ONTARIO REGISTRATION # 931114
PRESS RELEASE
UN BODY SLAMS INDIA ON UNTOUCHABILITY ISSUE;
T.O. ACTIVIST HAILS UN STAND AS IMPORTANT FIRST STEP
A UN body has strongly criticized the Indian government for continuing
human rights violations against India's 250 million untouchables. A
Toronto rights activist has hailed the move as perhaps the most
significant development and an important first step for the August body.
"For the first time in its over forty-year history, a UN Committee has
seen it necessary to censure the Indian Government over its treatment of
untouchables," says Yogesh Varhade who heads the Toronto-based Ambedkar
Centre for Justice and Peace and who is this year's recipient of the Los
.Angeles.-based Lift Every Voice's* Human Rights Award even though he adds
he " feels the Committee has not gone far enough."
UN COMMITTEE EXAMINES INDIAN GOVERNMENT REPORT
Varhade was invited to be present as an observer (5-23 Aug 1996) as well
as present case studies of atrocities on India's untouchables and tribals
when the UN Committee on the Elimination of Racial Discrimination (CERD)
within the Geneva-based UN Centre for Human Rights deliberated the reports
presented by the Indian Government as part of its obligation under the
International Convention on the Elimination of All Forms of Racial
Discrimination.
Varhade is an accredited participant of the UN Working Group on Indigenous
Populations at Geneva where he has been presenting evidence on the
conditions of India' untouchables and campaigning for the last six years
urging that the UN recognize untouchability as a crime against humanity
and pressure the Indian government to dismantle the system of
untouchability. While Varhade says it was great to get over 1,000 NGOs
worldwide at the UN Vienna Human Rights Summit in June 1993 to declare a
resolution urging the UN to act, the UN had till now refused to officially
comment on the issue, he says.
COMMITTEE SAYS INDIAN GOVERNMENT FAILS TO PREVENT DISCRIMINATION AND
PUNISH THE GUILTY
But that changed this year, he says, when the Committee in response to the
report which it saw as seriously flawed, condemned the Indian government
for among other things, failing to "prevent acts of discrimination "
towards untouchables and failing to "punish those found responsible and
provide just and adequate reparation to the victims."
COMMITTEE SAYS UNTOUCHABLES FALL WITHIN SCOPE OF UN CONVENTION
The Committee has also criticized the Indian government for continuing to
deny that the situation of the untouchables falls within the scope of the
convention and "its great concern that there was no inclination on the
side of the State party to reconsider its position."
INDIAN STAND A DENIAL OF INTERNATIONAL ACCOUNTABILITY SAYS ACTIVIST
This denial is not an academic question says Varhade. On account of its
denial, the Indian Government, though a signatory to the Convention,
continues to refuse to make a declaration allowing for victims of
discrimination to appeal directly to the UN Committee which has powers to
make the Indian government accountable for corrective measures.
The seriousness of the concern can be gauged by the fact says Varhade that
"the Indian government's own statistics shows that two untouchables are
assaulted in India every hour. Every day three untouchable women and
children are raped, two untouchable are murdered and two untouchables
houses are torched. For more realistic figures multiply these numbers by
ten. One estimate puts the atrocities at over 500,000 a year," says
Varhade. "But what is even more shocking still is that the perpetrators
rarely get punished. One government report showed that out of 2,718 police
cases only 94 convictions were obtained for a success rate of 3.5%".
INDIA CRITICIZED FOR NOT OUTLAWING RACIST ORGANIZATIONS
The Committee has also taken the government to task for its failure to
prohibit organizations which incite and promote racial discrimination. The
report has concluded that "this is the most serious in view of widespread
violence against certain minorities actively sponsored by extremist
organizations that have not been declared illegal."
LEGAL PROVISIONS INEFFECTIVE SAYS UN BODY
The Committee has pointed out that despite Constitutional provisions,
"widespread discrimination against those people and the relative impunity
of those who abuse them, points to the limited effects of those measures.
The Committee is particularly concerned at reports that (untouchables) are
often prevented from using public wells or from entering cafes or
restaurants and that their children are sometimes separated from other
children in schools, in violation of article 5 (c) of the Convention."
INDIA UNLIKELY TO PUBLICIZE UN FINDINGS SAYS ACTIVIST
While these are some of the harsh words that the Committee has directed
against the Indian government, Varhade says, he is concerned that though
the UN Committee has recommended to the Indian government that it "ensures
wide publicity" to both its own reports as well as the committees
concluding observations, he sees little hope that the Indian government
will do that. Mainly because, he says according to a UN press release, an
Indian CERD Committee expert "disassociated herself from the observations,
saying they were unbalanced."
PARAGRAPH DELETED
Varhade says that he is also upset that under pressure from India, the
Committee deleted a paragraph that recommended "a visit to India of Mr
Glele-Ahanhanzo, Special Rapporteur on Contemporary Forms of Racial
Discrimination, Xenophobia and Related Intolerance, in accordance with his
mandate under the Human Rights Commission."
-30-
* The L.A.-based Lift Every Voice is an educational NGO with internship
programs available to many disadvantaged students worldwide and it has
also been working with the UN assistant secretary general who heads the UN
Human Rights Division. Varhade was presented the award for his work
within the UN along with such notable activists like the Nigerian Ken Saro
Wiwa executed by the military junta.
For further information the following may be contacted:
Yogesh Varhade, president Ambedkar Centre for Justice and Peace, (ACJP).
(416) 533-6681
Dr Sam Lanfranco, economics professor at York University and ACJP
board member. (416) 812-7433
Dr Meyer Brownstone, Oxfam (Canada) chair and ACJP board member. (416)
537-5693
Jane Jacobs, urban historian and ACJP board member. (416) 534-5329
Copies of UN press releases and concluding draft of the UN Committee on
the Elimination of Racial Discrimination can be made available on request.
List of office bearers:
President Yogesh Varhade;
Vice-President Ross Mallick, Ph.D.;
Gen. Secretary and Treasurer Aloy Perera.
Directors USA P.N. Arya; Wilda Spalding Ted Eagans; UK P.L.
Ganvir;M.D.,F.R.C.S. V.T. Hireker; Ms.M.Hireker INDIA Prof.N.L.Sao; Prof.
Bhau Lokhande; Prof. Suresh Mane Dr. R.M.Pal
MALAYSIA A.Karunakaran; Raju Kamble
ADVISORS M. Brownstone, Ph.D.; Chair, OXFAM (Canada); Sam
Lanfranco, Ph.D. Professor, York University; Jane Jacobs,Historian.
Women's Issues Ana Maria Quiroz
==========================================================================
India
1. At its 1161st, 1162nd and 1163rd meetings, held on 7 and 8 August
1996, the Committee on the Elimination of Racial Discrimination considered
the tenth to fourteenth periodic reports of India (CERD/C/299/Add.3), and
adopted, at its 1182nd meeting, held on 22 August 1996, the following
concluding observations.
A. Introduction .
2. The Committee expresses its appreciation for the opportunity to resume
its dialogue with the state party, on the basis of its tenth to fourteenth
periodic reports. It regrets the brevity of the report, all the more so
since ten years have passed since the previous report was submitted. It
also regrets that the report does not provide concrete information on the
implementation of the convention in practice, and it furthermore regrets
that the report and the delegation claim that the situation of the
Scheduled Castes and Scheduled Tribes does not fall within the scope of
the Convention (on the Elimination of All Forms of Racial Discrimination).
3 The Committee notes that the State party has not made the declaration
provided for in article 14 of the Convention, and some of its members
requested the possibility of such declaration be considered.
B . Factors and difficulties impeding the implementation of the convention
4 . It is noted that India is a large multi-ethnic and multicultural
society. It is also noted that the extreme poverty of certain groups in
the population, the system of castes and the climate of violence in
certain parts of the country, are among the factors which impede the
implementation of the Convention by the State party.
C. Positive Aspects
5 The leading role played by India in the struggle against racial
discrimination and apartheid at the international level is welcomed by the
committee. The Committee also acknowledges the far-reaching measures
adopted by the Government to combat discrimination against members of
Scheduled Castes and Scheduled Tribes.
6. The demographic data on the composition of the population and on the
representation of various communities in the public service at the central
and state level of Government provided by the delegation during the
meetings are welcomed.
7. The broad functions and powers of the recently established National
Commission on Human Rights, as defined by the Protection of Human Rights
Act (1993), include the capacity to inquire into complaints of violation
of human rights, to intervene in any proceeding involving allegations of
violation of human rights pending before a court, to review constitutional
and legal safeguards. to study treaties and other international
instruments on human rights, to recommend measures for their effective
implementation, and to spread human rights literacy among the population,
are welcomed by the Committee. It is noted with interest that the
Commission encourages the states within the federation to create human
rights commissions as well as tribunals dealing specifically with human
rights.
8. The Committee takes note of the plurality of newspapers and the mass
media, and their awareness of human rights problems. The Committee holds
that they play an important role in the implementation of the
International Convention on the Elimination of All Forms of Racial
Discrimination.
9. Note is also taken of public interest litigation adopted by the
Supreme Court which affords the possibility to anyone, and not only to the
victims of human rights violations, by any means, even by means of a post
card, to seek redress from the court.
10. Articles 15(1) and 15(ii) of the indian Constitution, prohibiting all
forms of discrimination by the State and its agents, or between
individuals, including discrimination based on race and castes, as well as
article 153, paragraphs (a) and (b), and article 505 of the Penal Code,
which prohibit actions that promote disharmony, hatred, feelings of enmity
and ill- will on grounds of race or religion, are found to be mainly in
conformity with article 2, paragraph 1, of the convention.
11. The Committee welcomes the statement in the State party's report to
the effect that no organization which promotes and incites racial
discrimination can legally exist in India and that the Constitution and
the laws in this regard make it clear that the State party will take all
necessary measures within the law to prevent activities and propaganda
which promote and incite racial discrimination.
12. The lapse of the Terrorist and Disruptive Activities (Prevention) Act
(TADA), which applied in parts of the northeastern part of the country and
in Jammu and Kashmir, under which the right to personal security of some
members of ethnic and religious minorities living in those areas was often
reported to be violated by security forces, is welcome.
13. The importance accorded by the authorities to education as a means to
spread awareness of human rights and literacy among the population, and to
struggle against all forms of discrimination, in particular racial
discrimination, as well as the activities of the National Human Rights
Commission and the inclusion of human rights in the training of law
enforcement officials are welcomed.
D. Principal Subjects of Concern
14. Noting the declaration in paragraph 7 of the report, reiterated in
the oral presentation, the Committee states that the term "descent"
mentioned in article 1 of the Convention does not solely refer to race.
The Committee affirms that the situation of the scheduled Castes and
Scheduled Tribes falls within the scope of the Convention. It emphasizes
its great concern that within the discussion of the report, there was no
inclination on the side of the State party to reconsider its position.
15. The Committee is seriously concerned that the Kashmiris as well as
other groups are frequently treated on account of their ethnic or national
origin, in ways contrary to the basic provisions of the Convention.
16. Clause 19 of the Protection of Human Rights Act prevents the Human
Rights Commission from directly investigating allegations of abuse
involving the armed forces. This is a too broad restriction on its powers
and contributes to a climate of impunity fro members of the armed forces.
moreover, it is regretted that the Commission is debarred from
investigating causes of human rights violation occurring more than a year
before the making of the complaint.
17. The absence of information provided on the functions, powers and
activities of the National Commission on scheduled Castes and Scheduled
Tribes and of the National Commission on Minorities makes it impossible to
assess whether these Commissions have a positive impact upon the enjoyment
of human rights and fundamental freedoms by members of the groups in
question.
18. It is It is regretted that no information has been
provided to the Committee on the effective implementation of the penal
provisions referred to in paragraph 8 above. In this regard, concern is
expressed at numerous reports of acts of discrimination based on race,
colour, descent or national or ethnic origin, although it was stated that
no such case has yet been brought before the courts, this leads the
Committee to wonder whether individuals are sufficiently informed about
their rights.
19. The lack of concrete information on the legal provisions in force to
prohibit organizations which incite and promote racial discrimination and
hatred, and to punish members of such organizations in accordance with
article 4 of the Convention, as well as on their application in practice,
including eventual court decisions, is regretted. This is the most serious
in view of widespread violence against certain minorities actively
sponsored by extremist organizations that have not been declared illegal.
20. The lack of information on the text of the Directive Principles of
States Policy of the Constitution relating to the promotion of social,
economic and cultural rights, and on measures to give them effect, makes
any evaluation of the implementation of article 5 of the Convention more
difficult.
21. Regrets are expressed that the National Security act, and in some
areas of India, the Public Safety Act, remains in force.
22. It is noted with concern that the denial of the equal enjoyment of
political rights, as provided for in article 5 (c) of the Constitution,
has led to an increase of violence, in particular in Jammu and Kashmir.
23. It is noted that although Constitutional provisions and legal texts
exist to abolish untouchability and to protect the members of the
Scheduled Castes and scheduled tribes and to protect then from abuses,
widespread discrimination against those people, and the relative impunity
of those who abuse the, points to the limited effects of these measures.
The Committee is particularly concerned at reports that people belonging
to the scheduled castes and tribes are often prevented from using public
wells or from entering cafes or restaurants and that their children are
sometimes separated from other children in schools,in violation of article
5 (c) of the Convention.
24. The Committee regrets that certain communities do not enjoy
representation in proportion to their size.
25. Although it is noted that the Supreme Court ad the High Courts have
the jurisdiction to award compensation to victims of human rights
violations, including in the field of racial discrimination, concern is
expressed that there exists no specific statute providing for the right
for individuals to seek from the courts just and adequate reparation or
satisfaction for any damage suffered as a result of racial discrimination,
as required by article 6 of the Convention.
E. Suggestions & Recommendations
26 The Committee recommends that the state party continue and strengthen
it's efforts to improve the effectiveness of measures aimed at
guaranteeing to all groups of the population, and especially to the
members of the Scheduled Castes and Scheduled Tribes, the full enjoyment
of their civil, cultural, economic, political and social rights, as
mentioned in article 5 of the Convention. In this regard, the Committee
recommends that the next report to be submitted by the State party
contains full and detailed information on the legislative aspects and the
concrete implementation of the Directive Principles of the State Policy of
the Constitution.
27. The Committee recommends that special measures be taken by the
authorities to prevent acts of discrimination towards persons belonging to
the scheduled castes and tribe, and in the case where such acts have been
committed, to conduct thorough investigations, to punish those found
responsible and provide just and adequate reparation to the victims. In
this regard, the Committee particularly stresses the importance of the
equal enjoyment by members of these groups of the rights to access to
health, education, work, public places and services, including wells,
cafes or restaurants.
28. The Committee recommends that clause 19 of the Protection of Human
Rights Act be repealed to allow inquiries of alleged abuses committed by
members of the armed and security forces to be conducted by the National
Human Rights Commission, and that the Commission be enabled to look into
complaints for acts of racial discrimination that occurred more than a
year before the filing of the complaint.
29. The Committee recommends that the next periodic report of the State
party includes information of the powers and functions, as well as on
their effective implementation, of the National Commission on scheduled
Caste and scheduled Tribes and of the National commission on minorities.
30. The Committee also recommends that the Government provide in its next
periodic report information, including the number of complaints lodged and
sentences passed, about the implementation in practice of the legal
provisions prohibiting acts of racial discrimination and organizations
which promote and incite racial discrimination, in accordance with
articles 2 and 4 of the Convention.
31. The committee recommends a continuing campaign to educate the Indian
population on Human rights, in line with India's Constitution and with
universal human rights instruments, including the International Convention
on the Elimination of all Forms of Racial Discrimination This should be
aimed at eliminating the institutionalized thinking of the high-caste and
low-caste mentality.
32. The Committee reaffirms that the provisions of article 6 of the
Convention are mandatory, and that India should adopt legal provisions
making it easier for individuals top seek from the courts just and
adequate reparation or satisfaction for any damage suffered as a result of
acts of racial discrimination, including acts of discrimination based on
belonging to a caste or a tribe.
33. The Committee suggests that the State party ensure wide publicity, as
far as possible in the official and state languages, to its tenth to
fourteenth reports and to the present Concluding Observations.
34. The Committee recommends that the State party ratify at its earliest
convenience the amendments to article 8, paragraph 6, of the Convention,
adopted by the fourteenth meeting of States parties.
35. The Committee recommends that the State part's next periodic report,
due on 4 January 1998, be a comprehensive report, and that it address all
the points raised in these concluding observations.
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Ambedkar Centre for Justice & Peace (ACJP) P.O. Box 846, Station P,
Toronto Ontario, CANADA M5S 2Z2 Fax: (416) 531-2817
Phone (416) 533-6681 Email <acp@torfree.net> <acjp@freenet.toronto.on.ca>
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