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INDIA: Terrorising Dalits who are asking for equal rights to access to water and public places

September 22, 2002

URGENT ACTION URGENT ACTION URGENT ACTION URGENT ACTION URGENT ACTION
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ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM
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23 September 2002
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UA-42-2002: Terrorising Dalits who are asking for equal rights to access to water and public places
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INDIA: Caste-based discrimination; denial of basic rights of a citizen
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About 3,000 Dalit (low-caste Untouchables) women and men, along with Dalit and other human rights organisations, organised a two-day padayatra (a peaceful march) on Sept. 20 and 21, 2002, to protest against the social and economic boycott of the Bairwas (a Dalit community) since December 2001 in the Indian village of Chakwara in the town of Phagi Tehsil in Jaipur District by the upper caste Jat, Gujjar and Brahmin communities. The Dalits are demanding the right to access the ghats (a platform with steps) meant for bathing in the public pond in the village.
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The Chakwara issue came to light in December 2001 when newspapers reported the social and economic boycott placed on the Bairwa community by the upper-caste communities in the village. The Bairwa community is barred from bathing in the public pond and entering the temple, and bridegrooms are not allowed to ride a horse, which is a local custom and privilege available to all.
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In this drought-prone area of the state, Babulal and his brother from the Bairwa community ventured to take a bath in the public pond used by the privileged Jat and Brahmin communities on Dec. 14, 2001. The village panchayat (village council) imposed a fine on the entire Bairwa community, however, branding the act a revolt. A mob surrounded Babulal's house and threatened a bloodbath. The family informed the police, who did not arrive until the next day. The upper castes then held a meeting and imposed a fine of 50,000 rupees (US$1,034) on Babulal Bairwa for breaking tradition and compromising the dignity of the village by involving the administration. Unable to bear the continued threats of the upper castes, the Bairwas filed a first information report (FIR) at the police station on Jan. 17, 2002, naming 17 people as the accused in the FIR.
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A sadbhavana (harmony) rally was subsequently organised by various social movement groups and the Centre for Dalit Human Rights (CDHR). The rally in Chakwara though was attacked by a mob of about 10,000 upper-caste people armed with lathis (batons) and swords who also pelted the rally with stones in the presence of the police. The police had to open fire to disperse the crowd.
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There was no further action, however, from the district administration and police, and the Bairwas thus approached the State Human Rights Commission. The local police subsequently went to Chakwara and announced that the Dalits could bathe in the public pond. When the Dalits went to bathe though on Jan. 24, 2002, they were chased away with lathis and sharp weapons.
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Meanwhile, the district administration and the state authorities have closed the case as they consider the issue resolved even though Dalits continue to be prevented from using the public pond. Moreover, Dalits in Chakwara have also been barred from using the village ration shop, teashop and other small shops. Therefore, CDHR, other human rights activists and social movement groups planned a two-day padayatra in September 2002 to bring the issue to the notice of the authorities. The march began on Sept. 20, 2002, in Chaksu with the protestors spending the night in the village of Madhavrajpura. The office of a local organisation, Cecoedecon, based there was ransacked and its furniture destroyed because of their participation in the rally.
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On Sept. 21, 2002, when the demonstrators were about 15 kilometres from Chakwara, the police stopped them as a huge mob with lathis and weapons were marching toward them. The people thus waited an hour under the hot sun. When they moved forward, the upper-caste mob pelted them with stones and violently attacked them and the police.
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There is tension prevailing in the village and the nearby Tehsils of Malpura, Dudu and Sangamar. Although the police have been deployed, people fear that there will be further attacks.
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The Asian Human Rights Commission (AHRC) has drawn attention to various cases of caste discriminations in South Asia to urge the international human rights community to take action to end these tragic practices. However, more than 250 million people, of whom the vast majority (about 190 million) are in India, are still victimised and denied access to equal human rights by these inhuman practices. Meanwhile, the Indian government has opposed attempts to address this discrimination, for we still see that practices of untouchability, such as prohibitions against entering temples, bans on using public ponds and drinking water facilities, social and economic boycotts, parades of naked Dalit and tribal women, the rape of Dalit and tribal women, land alienation, etc., are all too common.
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SUGGESTED ACTION
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Please send your appeal to the prime minister and president of India, the chief minister of Rajasthan, the chairperson of the National Human Rights Commission and the chairperson of National Scheduled Castes and Scheduled Tribes to act immediately to restore law and order and to ensure that the Dalits enjoy their right to justice.
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SUGGESTED LETTER
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I am shocked and horrified at the violence and vandalism unleashed by the upper-caste communities on the peaceful padayatra march organised by Dalits in Phagi Tehsil of Jaipur District in Rajasthan on Sept. 21, 2002. I am also shocked to hear that a social system which continues to prevent a section of citizens from having equal access to public places and amenities still exists in your country.
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In spite of widespread discrimination against them, the Dalits claimed the right to use the public pond in the village. Rajasthan, like other states in India, has a history of caste violence as was evident in the Kumher massacre in which 30 Dalits were murdered in 1992. I have been informed that various untouchability practices, such as prohibitions against entering temples, bans on using public ponds and drinking water facilities, social and economic boycotts, parades of naked Dalit and tribal women, the rape of Dalit and tribal women, land alienation, etc., are all too common.
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Therefore, I am requesting that you intervene in this matter and ensure that the Dalits enjoy their right to justice, specifically:
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- ensure full protection to the life and property of Dalits in the village of Chakwara in the town of Phagi Tehsil and other villages in Malpura, Dudu and Sangamar Tehsils in Jaipur District, Rajasthan;
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- arrest the perpetrators of the violence in the villages of Phagi and Chakwara and those who attacked the police and Dalits during their peaceful rally;
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- arrest and take action against those who have vandalised the offices of Cecoedecon, a local social organisation in Madhavrajpura in Jaipur District, and give protection to the staff of the organisation whose lives are under threat;
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- provide employment to the Dalits of the above villages who are facing an economic boycott and are barred from any employment in the nearby agricultural farms and industries; and
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- take action under Section 4 of the SC/ST Prevention of Atrocities Act (POA) and arrest those public servants who have wilfully neglected their duties that they are required to perform under the SC/ST POA of 1989.
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In addition, I call upon the government of Rajasthan to place before the next Legislative Assembly the status report on the violation of rights of the Dalits (Scheduled Castes), especially the names of villages where there is a prohibition against access to public water facilities, restaurants and teashops, other public amenities and places of worship. I also urge the government of Rajasthan to immediately begin a campaign to eradicate this heinous practice of untouchability that is being committed by many members of society.
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Thank you.
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Sincerely yours,
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PLEASE SEND YOUR APPEALS BY FAX AND E-MAIL TO:
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1. H.E. Shri Abdul Kalam
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President of India
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Office of the President
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Rashtrapati Bhawan
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New Delhi, 110004
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INDIA
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Email: Pressecy@Sansad.nic.in
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Fax: +91 11 3017290
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2. H.E. Shri Atal Bihari Vajpayee
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Prime Minister
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South Block, Raisina Hill,
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New Delhi, India-110 011
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INDIA
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Fax: +91 11 3019545 or 3016857
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Email: eindun@undp.org
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3. Shri, Ashok Gehlot
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Chief Minister of Rajasthan
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Jaipur, Rajasthan,
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INDIA
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Fax: +91 141 381687
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4. Mr. Justice J.S. Verma
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Chairperson of the National Human Rights Commission
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Sardar Patel Bhavan,
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Sansad Marg, New Delhi-110 001
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INDIA
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Fax: +91 11 3340016 or 3366537
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E-mail: nhrc@ren.nic.in
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5. Shri Dilip Singh Bhuria
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Chairperson of the National Commission for Scheduled Castes and
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Scheduled Tribes
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Floor 5, Lok Nayak Bhavan,
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Khan Market, New Delhi-110003.
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INDIA
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Tel: +91 11 4623959 or 678632
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Fax: +91 11 4625378
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Document Type :
Urgent Appeal Case
Document ID :
UA-42-2002
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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.