South Asian Dalit Communities and Movements

The pernicious influence of caste system is prevalent in India, Pakistan, Bangladesh, Nepal and Sri Lanka and that is how it has acquired a typical South Asian character which affects about 260 Million Dalit population in varying degree. The unique feature of Hindu Social Order, particularly its main pillar, viz., the caste system and untouchability, is practiced in many ways in most of the South Asian countries. This has been testified by several research works including the one by Mr. R.K.W. Goonesekere in the year 2001 in his Working Paper on Work and Descent Based Discrimination for the UN’s Sub Commission on Promotion and protection of Human Rights, it observed that:

“The most widespread discrimination on the basis of work and descent occurs in societies in which at least a portion of the population is influenced by the tradition of caste, including the Asian countries of Bangladesh, India, Nepal, Pakistan and Sri Lanka ”.

The institution of caste system, in whatever form it exists, involves gross violation of human rights for Dalits based on birth or descent. Firstly, they suffer from forced exclusion and isolation. Because of untouchability and un-accessibility, they are physically excluded from the high caste locality in the rural area. Secondly, they are excluded from the rest of the community due to restrictions on inter-caste marriages or the practice of endogamy. Thirdly they are not entitled to any civic, social, cultural, economic, political and religious rights.

In the context of India, the caste system is much more pronounced than its regional counterparts in South Asia. Despite the fact that the Constitution of India prohibits the practice of untouchability, Dalits continue to suffer multiple kinds of worst human rights violations in their day to day life. The Dalit movement for equality has a long history and has made remarkable contribution in terms of putting the issues related to caste based discrimination, untouchability and atrocities onto the centre stage in the public discourse. The struggle for emancipation is still on and especially in the context of Liberalisation, Privatisation and Globalisation, it has to play much more significant role in securing socio-economic rights of Dalits, which have hitherto been denied since century’s altogether. After examining India’s periodic (15-19) reports, the UNCERD in its concluding observations on March 9, 2007 remarked that ‘de-facto segregation’ of Dalits persists. Discrimination against Dalits, often referred to as untouchables, still exists in rural areas in the private sphere and in matters such as access to eating places and water sources. The UNCERD also said that discrimination of Dalits, particularly in rural areas, with regard to access to places of worship, housing, hospitals, education, water sources, markets and other public places needs to be checked by strictly enforcing the Protection of Civil Rights Act (1955). Mandatory training on the application of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (1989) for concerned officials was necessary, said the committee, as there has been an alarming increase in the number of arbitrary arrests, torture and extra-judicial killings of members of scheduled castes and scheduled tribes by police. With regard to the increase in cases of sexual violence against Dalit women by upper caste men, there needs to be immediate remedial and legal actions to ensure effective delivery of justice to the victim, the committee said. Considering the prevalence of manual scavenging as a Dalit occupation, and the large number of child labourers from the Dalit community, the UNCERD said there had to be effective implementation of the Minimum Wages Act (1948), the Equal Remuneration Act (1976), the Bonded Labour (System) Abolition Act (1976), the Child Labour (Prohibition and Regulation) Act (1986) and the Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act (1993).

Nepal has a predominantly Hindu population and a caste system similar to that of India. About 21% of the population of 22 million constitutes the service caste (untouchables/Dalits), which are engaged in traditional occupations with low status value. Dalits in Nepal also suffer from several kinds of human rights violations which are similar to their predicament in other parts of South Asia. These include untouchability and residential segregation, denial of access to temples and many other public facilities, no access to public water taps, community and forest resources and other kinds of humiliations which have become the fate of Dalits in their day to day life. Nepalese society also has bonded labour system in the form of Kamaiyas and Haliyas. Though the issues related to Kamaiyas have been raised in recent times and efforts are being made to abolish this system and rehabilitate Kamaiyas who happened to be largely from the Dalit community not enough attention has been paid to Haliyas. The term Haliya is used to refer those from low-caste communities who are traditionally involved in tilling the land other than their own. The Haliya system is prevalent in some part of Nepal. It is a form of slavery like practices where workers receive a loan from his landlord. They work on their landlord’s land to repay the money. However, the wages they earn from the working are never enough to cover the amount owed, so such agricultural workers then find themselves in debt bondage. As such, Haliya remain indebted to their landlords for an indefinite and uncertain period of time and the amount of work they do is never directed toward the liquidation of their loans. The Haliyas live either in the cowsheds or under the eaves of their landlords’ houses and are also required to supply household labour for their landlords. About 85,000 peoples are suffering from this system in the western part of Nepal. Considering Haliyas as untouchables, Dalits communities, they are denied the right to education, ownership of resources including land and are thus forced to live in dreadful working and living conditions. Nearly 90 per cent of the Haliyas are landless and thus have to rely on their landlords to survive by working unpaid under oppressive conditions. Considering these facts, following issues of the Haliyas should be raised:

1. Haliyas should be given equal treatment (status) as of Kamaiyas (ex-bonded laborers)

2. Haliya system should be eliminated by applying strict application of legal provisions against bonded labour that was announced in 18th July 2002

3. Government should take necessary actions to act against caste discrimination

4. Minimum wage system should be applied in all forms of labour sector including agricultural sector

5. Right to education, right to health of the Haliyas should be ensured

6. Haliyas should be provided with identity card, land, skill trainings and other employment opportunities.

The Centre for Human Rights and Global Justice of New York University in its report in 2005 noted that the civil war which engulfed Nepal for more than a decade catapulted Dalits in a situation of cross-fire between Maoists and Royal Nepalese Army and various incidents of torture and extra judicial killings were also reported on an alarming scale. The UN’s Committee against Torture (CAT) in its concluding remarks and recommendation on Nepal’s second periodic report in 2005 thus observed:

“Despite the State party’s acknowledgment that caste discrimination is prevailing in the country and the creation of the National Dalit Commission, the Committee is gravely concerned about the continued deeply rooted discriminatory practices, on a large scale, against marginalized and disadvantaged groups or castes, such as the Dalits. The Committee is also concerned that the long standing pattern of caste discrimination is being further heightened by the current conflict in the country. The Committee reaffirms that it is the duty of the State party to protect all members of society, and in particular citizens belonging to marginalized and disadvantaged groups or castes, such as the Dalits. The State party should undertake specific steps to safeguard their physical integrity, ensure that accountability mechanisms are in place guaranteeing that caste is not used as a basis for abuses, unlawful detention and torture and take steps to ensure more diverse caste and ethnic representation in its police and security forces. The State party should include information on caste discrimination in its next periodic report”.

The overthrow of Monarchy and the struggle to build a new and democratic Nepal promises a better deal for Dalits but so far nothing substantial has been initiated in this regard and how inclusive the new set up would emerge remains to be seen. Various kinds of atrocities have been reported against Dalits from different parts of Nepal in recent times which reflect the continuation of age old tradition of caste system which excludes and discriminates against Dalits in multiple forms.

In Sri Lanka, there are two kinds of caste system, one for the Sinhalese and the other for the Tamils. Although both have their origin in India, the Sinhalese caste system is not directly linked to the Hindu Varna system. It was an aspect of a feudal society, which divided people according to descent and blood or according to their hereditary roles and functions. Social distance was practiced but the notion of pollution hardly existed. The Sinhalese caste system is considered to be much more mild and humanitarian when judged by the Indian standards. The exception, however, is with regard to the caste Rodiyas or Rodi (meaning “Filth”) from very early times. They suffered untouchability with a vengeance. They were always a small community living mainly in the central highlands in their own colonies of huts devoid of several amenities. In recent times, allegations of discrimination on the basis of caste have been reported by low caste Tamils of Indian origin employed mainly as tea estate workers in the hill country. Integration with the rest of society is more difficult owing to prejudice, but there signs of it breaking down too. Caste distinctions exist among themselves and complaints have been made that workers (mostly Dalits) are kept out of Trade Union offices by their high caste supervisors. In the post Tsunami relief and rehabilitation phase many complaints of caste based discrimination have reported though as much pronounced as it has been reported from India.

In Pakistan, there are about 36 castes declared to be Scheduled Castes under the Declaration of Scheduled Castes Act, 1956. They are part of a tiny minority, i.e. 5% of the country’s population and due to lack of education and other basic necessities continue to suffer several kinds of discrimination. The incidents of atrocities and caste based discrimination are increasing day after day especially in Tharparkar and other areas in the Sindh Province. Dalits who form about 70% of the total Hindu population in Pakistan are completely marginalized and in most of the cases live at the mercy of their caste Hindu and Muslim masters. The Human Rights Commission of Pakistan has also compiled various kinds of human rights abuses against Dalit bonded labourers who are popularly known as Haris. Three districts of southern Punjab (Sadiquabad, Rahimyarkhan and Bhawalpur) which also shares its borders with Sindh have a sizeable population of Dalits. The Scheduled Caste Hindus particularly Kolhi, Bheel, Meghwar, Bagri, Balmiki face discrimination in the shape of untouchability. They are often termed achoot (untouchable) by faithful Muslims and also by upper caste Hindus. This discrimination haunts them from Tharparker in the bottom of Sindh to Rahimyar Khan in southern Punjab. There is hardly any change in the pattern of social, economic and political exclusion and forms of discrimination against this group of citizens — regardless of which part of the country they reside. They are not welcome at hotels and restaurants to share utensils and barbers refuse to offer them services. In some instances they have been physically humiliated when eating in hotels when they dared to break this rule. Social exclusion and discrimination on the basis of caste is rampant in Pakistan.

In Bangladesh too, discrimination on the basis of caste have been reported. Though again being a predominantly Islamic population, the elements of caste system are found among the Hindus which constitute a minority population. The practice of manual scavenging and various other kinds of untouchabilities and atrocities are reported at brief intervals though not as much as it is done in India. The recent visit by Prof. Chung and the IDSN team to Bangladesh has further testified to the claim that in many subtle and even not so subtle ways Dalits in Bangladesh face several kinds of caste based discrimination. There is an estimated 5.5 million Dalits living in 63 Districts in Bangladesh. Dalits belong to about 45 different types of occupational social groups who are economically, socially and politically excluded. Basic provisions like shelter, food and water are not adequately provided for in areas where Dalits live. Most Dalits have no access to the facilities that are required for a dignified standard of living. Because of low access to proper health care facilities malnutrition and other diseases like diarrhoea, cholera, TB, pneumonia etc are common among Dalits and many deaths are being reported every year due to lack of proper medical treatment. Even access to education is quite exclusionary in nature as a result of which it is estimated that only 5% of Dalits can read and write. Various other forms of discrimination are practiced against Dalits in Bangladesh. Dalits are ‘socially hated’ as belonging to an untouchable and polluted community. They are not invited by other communities to participate in public functions. There are some sacred or religious places where Dalits can not enter. Though Dalits are playing a significant role in the countries economic, environmental and social development, Dalit communities are one of the most marginalized and excluded groups in Bangladesh.

There is a need to break the Conspiracy of Silence which is the hallmark of the prevalence and practice of caste system with its concomitant untouchability and atrocities against Dalits in South Asia. In order to bring together Dalit Communities and their movements from South Asian countries on a single platform, South Asia Dalit Rights Forum (SADRF) was launched in Karachi during the WSF Polycentric events in March 2006, has now been turned into Asian Dalit Rights Movement (ADRM). There is a need to further develop a common strategy for emancipation from the savagery of caste bondage and launch a common struggle for economic and political empowerment too.

Charter of Demands for Dalit Rights in South Asia

1. Declare 2007- 2017, the SAARC Dalit Rights Decade with concrete Acts, Policies, Programmes and Action Plan

2. The erstwhile ‘untouchable’ communities who are categorised as Scheduled Castes or by other names need to be commonly termed as ‘Dalits’ across all South Asian countries and should be recognized by the respective South Asian Governments as distinct social category in need of special assistance to ameliorate their socio-economic situation.

3. As per the UN standards of UDHR and other International standards, necessary safeguards must be promulgated in the Constitution and Special Legislations must be enacted in all South Asian countries in order to safeguard Dalits from the practice of untouchability and atrocities including protection and prevention from practices of Human rights violations and prevention of violence against women and men from Dalit communities.

4. Civil, political, socio, cultural and economic rights of Dalits must be ensured in all South Asian countries including anti-discrimination rights and procedures and policies and Equal Opportunity Act in employment, contracts, trade and commerce and market in general.

5. National Dalit Commission, a Statutory Body, with Quasi-Judicial powers- like power to warrant appearance, investigate, attach property and give punitive and penal justice must be set up in all South Asian Countries to monitor and intervene in cases of human rights violation against Dalits.

6. There should be a massive campaign against the practice of various forms of untouchability across all the South Asian countries which will specifically identify criminal acts against members of Dalit communities and address all issues of violence perpetuated by social practices.

7. Adequate representation as proportionate to their population must be provided to Dalits in all South Asian Countries in the form of inalienable Constitutional (Fundamental) Rights through Reservation/Affirmative Action Policies in the field of education, jobs, legislative bodies at all levels, judiciary, armed forces, other public institutions and also in the private sector.

8. Recognise Dalit women as a distinct category among women and accordingly make disaggregated data on Dalit women available in Census Reports, Action Taken Reports and other reporting obligations to several UN bodies.

9. Proper representation of Dalit women must be ensured in Statutory Bodies & Committees, Vigilance and Monitoring Bodies to promote and protect their rights. Capacity building programmes to promote Dalit women’s active participation in public life, education and employment must be undertaken in all the South Asian Countries.

10. State must be made accountable to promote and protect Dalit Human Rights in all the South Asian Countries.

11. Dalit’s right to land and a decent means of livelihood must be ensured in all the South Asian Countries.

12. Bonded labour especially Kamaiyas and the Haliya system, child labour and all other forms of forced labour/occupation including manual scavenging must be prohibited & sternly dealt with and proper rehabilitation policy should be initiated in right earnest in all the South Asian Countries.

13. Respective Governments in all the South Asian Countries must evolve a joint mechanism to counter and abolish human trafficking of Dalit women and Dalit girl child for sexual exploitation which is quite rampant in this part of the world and has acquired an alarming proportion.

14. The Governments in all the South Asian countries must initiate a process of joint dialogue and discussion on the elimination of Caste-based discrimination with Dalit movements, social organisations, Human Rights bodies and research and academic institutions and submit a detailed report to Committee on Elimination of Racial Discrimination (CERD), CEDAW, CRC, and CSER of the UN as part of Periodic Reports on a regular basis.

15. The UN’s Special Rapporteur on Work and Descent Based Discrimination must be provided all the necessary help and in doing their work as mandated.

16. The issue of Caste Based Discrimination must find its rightful place in the SAARC Charter

17. SAARC level initiatives must be undertaken to address the gross violation of Dalit Human Rights.

18. Dalit Rights and Concerns must be mainstreamed in the development discourse in all the South Asian countries. The commitments made by the respective Governments in South Asia with regard to Millennium Development Goals (MDGs) must take into consideration the invisibility and unique & multiple forms of exclusion and discrimination faced by Dalits. Equitable growth with justice should form the basis of the National Framework of Governance.

Asia Dalit Rights Movement (ADRM)
(An Initiative of Dalit Platforms in South Asian Countries)
c/o, National Campaign on Dalit Human Rights (NCDHR), 8/1, 2nd Floor, South Patel Nagar, New Delhi-110008, India

Contact Persons:

Paul Divakar (Email: paul.divakar@gmail.com, Mobile: +91 9910046813)
Dr. Umakant (Email: uk4in@yahoo.co.in, Mobile: +91 9810594816)