Events & Issues

New Delhi, 7 April 2016

Fight Over Casteism

IN POLITICS IT’S CHILD’S PLAY

By Dr S Saraswathi

(Former Director, ICSSR, New Delhi)

Cases of honour killing following inter-caste marriages, hitherto believed to be restricted to some States like Rajasthan or Haryana, seem to be common all over India not excluding the States recording educationally above national average. To the surprise of many observers, the land of Periyar EVR, the unmatched crusader against caste and caste practices who also moved closely with common people, is recording more and more instances of persecution of couples marrying out of caste.  Where one is a Dalit, the event may end in a tragic death.

The latest in the series is the attack on one such couple resulting in the death of a  dalit youth in Tiruppur district of Tamil Nadu.  Since 2013  over 80  honour killings have been reported  in the State and the victims include youth of both sexes.

It seems that Periyar had succeeded in establishing  some vital  anti-brahmanical stand  like anti-Sanskrit,  but not the common attachment to  caste that has taken deep roots among people of all castes. Chanting of  mantras in temple  worship in Tamil replacing the holy  Sanskrit is accepted,  but inter-caste marriage is still intolerable among many castes – high and low -  provoking violent clashes.

One of the important regional political parties – the PMK -  has even condemned “love marriage” as it is  mostly  inter-caste.

Many cases of  “honour killing” as  punishment for inter-caste marriage also fall under atrocities against SCs and STs and/or instances of traditional patriarchy asserting its supremacy over women and the youth. Periyar’s firm conviction that untouchability cannot be eradicated without abolishing caste has made no dent in the society.

Like marriage, education is another area subjected to strong caste prejudices. Educational institutions  from elementary to research level  not excluding professional and technical courses  are typical public places that need to be  educated  on concepts and practice of rights, equality, empowerment, development, and reforms. Rohit Vemula’s suicide in the Hyderabad University has been politicized leading to  a call for Rohith Act to end  caste-based prejudices in campuses jointly by the Congress, the CPI(M), and the AAP Party.  They grabbed this opportunity to gain political advantage by assuming a strong pro-dalit posture and by attempting to malign their opponents.

But, the  ruling party at the Centre, the BJP,  is neither the originator nor the sole  patron of caste prejudices as they all know very well. The malady crosses party and caste  borders.

Caste-based attachments  are common throughout the  caste ladder.  Those at   lower  levels are more keen to assert their superiority over those at the bottom than joining with them to resist those above all of them.  Similarly, those at the middle level are proud to claim superiority over all those placed at lower levels rather than joining them.  The practice of “untouchability” within so-called  “untouchables” still lingers in many places however vehemently we may deny it.  They serve as the popular mandate for caste.  The satisfaction of  having somebody below seems to add flavor to the caste  system for its social functions. 

The addiction to caste is too strong to be given up easily.  It also runs through the entire hierarchy. How else can one explain the social ostracism of the Tribal Welfare and Sports Minister of Odisha announced by the country’s highest tribal body for allowing his daughter to marry a Brahmin youth?

Article 17 of the Indian Constitution in the chapter  on Fundamental Rights  abolishes  “untouchability” and its practice in any form. Imposition of any form of disability arising out of “untouchability” is an offence punishable in accordance with the law.

Further, the Protection of Civil Rights Act 1955 amended and tightened as the Untouchability (Offences) Act provides punishment for denial of civil rights to the groups excluded so far. The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989 is specifically intended to prevent and punish  crimes against the castes so designated.

The term “atrocities” is used in the Act to refer to the offences committed against SCs and STs  that are “ shockingly cruel and inhumane”,  whereas the term “crime”, generally used in penal laws, refers to any act punishable under law. They are awarded punishments higher than for similar offences under the Indian Penal Code.

One of the  objectives  of the Act is to help social inclusion of dalits  into the  Indian  society as equal members.  The Act also provides for special courts for trial of offences amounting to “atrocities” and for providing for relief and rehabilitation of victims of such violence.  However, reports of Crime Research Bureau  reveal high rate of complaints, but  low rate of convictions.

The  Act has  been amended  in February 2016  to make it  more stringent.  It prescribes  punishments for public servants for neglecting  their official duties relating to SCs and STs.  Special courts  have to be set up at the district level with exclusive public prosecutors to speed up trial process.

Despite these legal  remedies  to protect and safeguard the equal rights of the weaker sections, shockingly cruel treatment  meted out to these classes as normal customary practice and as punishment  specifically  for violating  any  practice is reported from various places as  sensational news. Hundreds of forms of discriminatory practices have been noticed by researchers.  Forms of untouchability are  also getting  “modernized” in keeping with the changing times. 

Indeed, caste-based discrimination is a most complex human rights issue that haunts India. The findings of studies demonstrate the total ignorance of anti-caste laws and utter disregard for implementation of the laws among people and law enforcing authorities.

The remorseless behavior of some people committing atrocities including “honour killing” manifested in their remarks openly condemning marriage with dalits is evidence of both ignorance of laws as well as  scant respect they have for laws.

Customs, conventions, and ritual practices restrain dalits from asserting their rights;    institutions  like caste or Khap Panchayats, and assemblies of village elders which resolve local issues and disputes in many villages without any legal authority contribute a lot to the perpetuation of caste discriminations in villages. 

Ideas are changing but not at the rate required because of  official apathy  and  inadequate and  lack of public outrage  against inhuman  caste discriminations. Constructing partition walls, digging separate wells, forming separate queues in ration shops, and providing separate bench for dalit students in classrooms  are found  easier by  the authorities  to  prevent  clashes, but they are not  solutions  for  this long-standing social problem. On the contrary, they are devices to perpetuate caste along with legal entitlements.  

Education can certainly help social mobility and inclusion. Positive political will to enforce laws against the practice of any degree of “untouchability”, and earnestness in devising effective ways of ending social segregation on the part of society and the State are necessary. The point is that it is futile and looks like a child’s play to fight party battles over issues like that of Vemula Rohith. Every citizen is a participant in the caste system. --- INFA

(Copyright, India News and Feature Alliance)