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INDIA: Dalit village head faces constant intimidation due to caste discrimination in Uttar Pradesh

November 22, 2006

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ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal

22 November 2006
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UA-377-2006: INDIA: Dalit village head faces constant intimidation due to caste discrimination in Uttar Pradesh
 
INDIA: Discrimination based on caste, administrative failure; non-implementation of laws
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information from its local partner the Peoples' Vigilance Committee on Human Rights (PVCHR) based in Varanasi, Uttar Pradesh state, India that Mr. Prem Narayan, a dalit (untouchable) village head of Vajidpur village has been facing discrimination based on caste from the upper caste Hindus in the village. It is also alleged that he is intimidated and threatened by the upper caste Hindus in the village and is prevented from discharging his duties as an elected village head.

CASE DETAILS:

Mr. Prem Narayan is a resident of Vajidpur village under Harhuan Block in Varanasi district, Uttar Pradesh state, India. He belongs to the Chamar community who are untouchables in the caste-ridden Hindu society of India. He was elected as the village head in September 2005 and the Panchayath Committee was constituted on 8 September 2005.

However, Mr. Narayan was not handed over several documents including the working register and property register of the village office, which are related to the management of the village by the outgoing committee. In addition to the refusal of handing over daily registers the outgoing committee also refused to hand over the movable assets of the village kept at the village office including the furniture. When he asked the outgoing committee to hand over the registers and furniture, they threatened him that they would manhandle him if he protested and asked him to shut up.

The upper caste members, the former village head Mr. Lalman Yadav, Mr. Mahendra Yadav and Mr. Shivwachan are literally controlling the village even today. For standing up against them Mr. Narayan was physically assaulted twice by Mr. Lalman Yadav. In yet another incident Mr. Mahendra Yadav assaulted Mr. Narayan and punched him in his stomach.

While these assaults and abuses were going on, Mr. Shitla Pandey joined the village as its new secretary. Village secretaries are appointed by the state government to help the village head in the daily administration of the village. Mr. Pandey is from the Brahmin (upper caste) community. Mr. Narayan approached Mr. Pandey and informed him that the earlier committee had not handed over the documents and furniture to the current committee. However, hearing this Mr. Pandey became angry and expressed his annoyance of being asked and questioned by a lower caste person, even though he was the village head and refused to take any action. Mr. Pandey was appointed as the village secretary since his predecessor was suspended from service due to several allegations of malpractices. As of today Mr. Narayan, though elected as a village head, is yet to enter the village office and start his duties as the head of the village. However, several times Mr. Narayan was forced to sign documents under threat and intimidation by the upper caste members of the earlier village council. This is done with the support and knowledge of Mr. Pandey, the village secretary.

ADDITIONAL COMMENTS:

Panchayathi Raj (governance through panchayats - for local self governance) is a concept that was implemented in India since April 1993. This was after the 73rd amendment of the Indian Constitution which incorporated provisions for a 3-tier system of Panchayati Raj for all states having population of over two million, to hold Panchayat elections regularly every five years, to provide reservation of seats for Scheduled Castes, Scheduled Tribes and women, to appoint State Finance Commissions to make recommendations as regards the financial powers of the Panchayats and to constitute District Planning Committee to prepare draft development plan for the district as a whole.

The change also provided the panchayats with the authority to function as institutions of self-government. To facilitate this certain powers and responsibilities are delegated to panchayats to prepare a plan for economic development and social justice, and to implement schemes for economic development and social justice. The panchayats are also given authority to levy, collect and appropriate taxes, duties, tolls and fees. In effect the process was aimed to decentralise governance and also at the same time to promote, through a positive reservation, the empowerment of backward communities, women and the members of the scheduled castes and tribes in India.

With the intention of mainstreaming the lower caste, the Election Commission of India will declare which seats are to be reserved to be contested from members of the lower caste. Mr. Narayan contested in his village in such a seat and won the election.

However, this change literally tried to upset the discriminatory and inhuman caste hierarchy in rural villages and Mr. Narayan's case is an example of how the upper caste retaliates in such a situation. What Mr. Narayan face in Vajidpur village is a crime under the Scheduled Caste and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. According to Section 3 (x) of the Act, a person who is not a member of the Scheduled Caste or Scheduled Tribe if intentionally insults or intimidates with intent to humiliate a member of a Scheduled Caste or a Scheduled Tribe in any place within public view shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to five years and with fine. Physical assault is also a crime under the Indian Penal Code, 1860.

This case is also an example of how development activities fail to percolate into the rural villages in India. Mr. Narayan being the village head and also a representative of his community is not consulted of anything in the daily functioning of the village. This also implies that in the absence of Mr. Narayan's signature and authorisation no development activities could be implemented in the village until Mr. Narayan's term is over which is due only in 2010. The upper caste community being already privileged of all the amenities for their life will not be affected by this stalling of development programme. However the lower caste community will benefit nothing during this period, which is an indirect way of keeping the members of this community in the village under the control of the upper caste.

SUGGESTED ACTION:
Please write to the authorities listed below expressing concern over this case. We urge you to request the authorities to take immediate action against the village Secretary Mr. Shitla Pandey who instead of helping Mr. Prem Narayan is in fact insulting and discriminating him due to caste prejudice. The AHRC is also writing a separate letter to Mr. Doudou Diene the United Nations Special Rapporteur on contemporary forms of racism and racial discrimination to express concern about this case and calling for an intervention.

To support this appeal, please click:


Sample letter:

Dear __________,

INDIA: Dalit village head faces constant intimidation due to caste discrimination in Uttar Pradesh

Name of victim: Mr. Prem Narayan, son of Mr. Channu Ram,
Address of victim: Vajidpur village under Harhua Block, Varanasi district, Uttar Pradesh state, India
Alleged perpetrators:
1. Mr. Lalman Yadav, the former village head of Vajidpur village
2. Mr. Mahendra Yadav, the resident of Vajidpur village
3. Mr. Shitla Pandey, the secretary of the Vajidpur village
Duration of the incident: From September 2005 to date

I am writing to you to inquire into the situation of Mr. Prem Narayan, the current village head of Vajidpur village, under Harhua Block in Varanasi district of Uttar Pradesh, India. I am informed that Mr. Narayan is from the Chamar community belonging to the Scheduled Caste in India. I am informed that Mr. Narayan was elected as the village head in September 2005, but is still denied access to the records of the village and has being denied control over the management of the village by the upper caste persons named above.  I am surprised to know that the village secretary appointed by the government to help the village head in managing the affairs of the village instead of helping Mr. Narayan has joined hands with the upper caste people and members of the former council and has cornered Mr. Narayan.

I am also informed that Mr. Narayan was physically assaulted by Mr. Lalman and Mr. Mahendra for challenging their acts. I am also informed that Mr. Narayn was verbally abused and intimidated by the village secretary Mr. Pandey for asking village records like the property register and working register. I am informed that on several occasions Mr. Narayan was forced to sign documents under threat.

I am aware that the election of Mr. Narayan as the village head of Vajidpur village was because the constituency was reserved for a member from the Scheduled Caste or Tribe during the 2005 elections. However, I understand that even though Mr. Narayan was elected he is not able to discharge his duties as the village head thus far due to the threat and intimidation of the upper caste members named above and also due to the non-cooperation of the village secretary Mr. Pandey.

I am also aware that the 73rd amendment of the Indian Constitution was to percolate local administration to village level and also to facilitate empowerment of the marginalized communities in India especially the members of the lower caste and those from the Scheduled Caste and Scheduled Tribe and the women. However, from the facts made available to me regarding Mr. Narayan's case suggest to me that such an attempt is yet to take real shape owing to various tactics played by the upper caste Hindus in rural villages in India. I am aware that while on one hand this case could be considered as yet another example of caste based discrimination in India, I see this case as also a glaring example of the administrative failure in several parts of India, particularly in rural villages.

I am informed that the acts meted out against Mr. Narayan are a crime under Section 3(x) of the Scheduled Caste and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. However, I am surprised why no action is taken against the perpetrators in this case. I therefore urge you to immediately institute an impartial inquiry into this case and see to it that the complaints of Mr. Narayan are addressed and also necessary actions taken under the provisions of the above law against the perpetrators named above. I am also informed that the Asian Human Rights Commission is also writing a separate letter to Mr. Doudou Diene the United Nations Special Rapporteur on contemporary forms of racism and racial discrimination to express concern about this case and calling for an intervention.

I look for your urgent intervention into this case.

Sincerely yours,

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PLEASE SEND YOUR LETTERS TO:

1. Mr. Mani Shankar Aiyar
Minister of Panchayathi Raj
Sastri Bhawan
New Delhi
INDIA
Fax: + 91 11 23386118
E.mail: manishankar@sansad.nic.in / aiyar@satyam.net.in 

2. Mr. Mulayam Singh Yadav
Chief Minister of Uttar Pradesh
Chief Minister's Secretariat
Lucknow
Uttar Pradesh
INDIA
Fax: + 91 52 2223 0002 / 2223 9234

3. Chairperson
National Commission for Scheduled Castes and Scheduled Tribes
Government of India
5th Floor, Loknayak Bhawan
Khan Market
New Delhi 110003
INDIA
Fax: + 91 11 2462 5378
Email: chairman-ncsc@nic.in


4. Mr. N. Gopalaswami
Chief Election Commissioner
Nirvachan Sadan, Ashoka Road
New Delhi
INDIA
Fax: + 91 11 23711023
Email: gopalaswamin@eci.gov.in 

5. Office of the Chief Electoral Officer
Navin Bhavan, Sachiwalaya
Lucknow, Uttar Pradesh
INDIA
Tel: + 91 522 2238129
E-Mail: slattarpradesh@eci.gov.in / rss1954@yahoo.com

6. Senior Superintendent of Police
S.S.P Varanasi, Uttar Pradesh
INDIA
Tel: + 91 542 2500441/ + 91 542 2501450


Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)


Document Type :
Urgent Appeal Case
Document ID :
UA-377-2006
Countries :
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Extended Introduction: Urgent Appeals, theory and practice

A need for dialogue

Many people across Asia are frustrated by the widespread lack of respect for human rights in their countries.  Some may be unhappy about the limitations on the freedom of expression or restrictions on privacy, while some are affected by police brutality and military killings.  Many others are frustrated with the absence of rights on labour issues, the environment, gender and the like. 

Yet the expression of this frustration tends to stay firmly in the private sphere.  People complain among friends and family and within their social circles, but often on a low profile basis. This kind of public discourse is not usually an effective measure of the situation in a country because it is so hard to monitor. 

Though the media may cover the issues in a broad manner they rarely broadcast the private fears and anxieties of the average person.  And along with censorship – a common blight in Asia – there is also often a conscious attempt in the media to reflect a positive or at least sober mood at home, where expressions of domestic malcontent are discouraged as unfashionably unpatriotic. Talking about issues like torture is rarely encouraged in the public realm.

There may also be unwritten, possibly unconscious social taboos that stop the public reflection of private grievances.  Where authoritarian control is tight, sophisticated strategies are put into play by equally sophisticated media practices to keep complaints out of the public space, sometimes very subtly.  In other places an inner consensus is influenced by the privileged section of a society, which can control social expression of those less fortunate.  Moral and ethical qualms can also be an obstacle.

In this way, causes for complaint go unaddressed, un-discussed and unresolved and oppression in its many forms, self perpetuates.  For any action to arise out of private frustration, people need ways to get these issues into the public sphere.

Changing society

In the past bridging this gap was a formidable task; it relied on channels of public expression that required money and were therefore controlled by investors.  Printing presses were expensive, which blocked the gate to expression to anyone without money.  Except in times of revolution the media in Asia has tended to serve the well-off and sideline or misrepresent the poor.

Still, thanks to the IT revolution it is now possible to communicate with large audiences at little cost.  In this situation there is a real avenue for taking issues from private to public, regardless of the class or caste of the individual.

Practical action

The AHRC Urgent Appeals system was created to give a voice to those affected by human rights violations, and by doing so, to create a network of support and open avenues for action.  If X’s freedom of expression is denied, if Y is tortured by someone in power or if Z finds his or her labour rights abused, the incident can be swiftly and effectively broadcast and dealt with. The resulting solidarity can lead to action, resolution and change. And as more people understand their rights and follow suit, as the human rights consciousness grows, change happens faster. The Internet has become one of the human rights community’s most powerful tools.   

At the core of the Urgent Appeals Program is the recording of human rights violations at a grass roots level with objectivity, sympathy and competence. Our information is firstly gathered on the ground, close to the victim of the violation, and is then broadcast by a team of advocates, who can apply decades of experience in the field and a working knowledge of the international human rights arena. The flow of information – due to domestic restrictions – often goes from the source and out to the international community via our program, which then builds a pressure for action that steadily makes its way back to the source through his or her own government.   However these cases in bulk create a narrative – and this is most important aspect of our program. As noted by Sri Lankan human rights lawyer and director of the Asian Human Rights Commission, Basil Fernando:

"The urgent appeal introduces narrative as the driving force for social change. This idea was well expressed in the film Amistad, regarding the issue of slavery. The old man in the film, former president and lawyer, states that to resolve this historical problem it is very essential to know the narrative of the people. It was on this basis that a court case is conducted later. The AHRC establishes the narrative of human rights violations through the urgent appeals. If the narrative is right, the organisation will be doing all right."

Patterns start to emerge as violations are documented across the continent, allowing us to take a more authoritative, systemic response, and to pinpoint the systems within each country that are breaking down. This way we are able to discover and explain why and how violations take place, and how they can most effectively be addressed. On this path, larger audiences have opened up to us and become involved: international NGOs and think tanks, national human rights commissions and United Nations bodies.  The program and its coordinators have become a well-used tool for the international media and for human rights education programs. All this helps pave the way for radical reforms to improve, protect and to promote human rights in the region.