Wednesday, March 31, 2010

[ZESTCaste] Court concludes hearing in Laxmanpur carnage case

 

http://www.ptinews.com/news/590206_Court-concludes-hearing-in-Laxmanpur-carnage-case

Court concludes hearing in Laxmanpur carnage case

STAFF WRITER 18:28 HRS IST
Patna, Mar 31 (PTI) A local court today concluded the hearing of the
Laxmanpur bath carnage case in Bihar's Jehanabad district in which 58
Dalits were gunned down by members of Ranvir Sena 13 years ago.

Additional District judge Vijay Prakash Mishra fixed April 7 for
pronouncing the verdict.

Charges were framed in the case, probed by the Bihar police, against
46 Ranvir Sena men, a private militia of landlords, on December 23,
2008 and altogether 91 of the 152 witnesses deposed before the court.

The case was transferred to Patna from Jehanabad following a High
Court order in October, 1999.

Fifty-eight Dalits were mowed down by Ranvir Sena members at Laxmanpur
bath on December 1, 1997.

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[ZESTCaste] India clashes with Britain over Equality Bill racism law

http://www.telegraph.co.uk/news/worldnews/asia/india/7541598/India-clashes-with-Britain-over-Equality-Bill-racism-law.html

India clashes with Britain over Equality Bill racism law

India is set to clash with Britain over Westminster's new Equality
Bill which outlaws caste discrimination as a form of racism.

Dean Nelson, in New Delhi
Published: 6:50PM BST 31 Mar 2010

The bill, which has been passed in the House of Lords, has been
welcomed by campaigners for India's "dalits" or "untouchables", a
caste which suffers extreme violence and persecution, but has been
rejected by their government.

There are more than 250 million dalits in India, many of whom are
denied water, access to schools, and in some cases the right to pass
through villages by upper caste Hindus who believe their presence, or
even their shadow, pollutes them. Some dalits in India still work as
"night soil carriers" – transporting human waste from latrines.


Ministers in London have become increasingly concerned about
discrimination and persecution against lower caste Indians in Britain
following a report last year which claimed thousands had been
ill-treated because of their caste.

The report, by the Anti-Caste Discrimination Alliance, surveyed 300
British Asians and cited cases of children being bullied at school,
bus inspectors refusing to work with lower caste drivers, and
employees being sacked after their bosses discovered their caste
status.

Until now victims of caste discrimination in Britain have had no
recourse to law. India also has legislation outlawing caste
discrimination but is fiercely opposed to any comparison with racism.

The Indian government has made its views known to British delegations
at the UN's Human Rights Council in Geneva and at a European
Union-India Human Rights Dialogue last month.

"India's position on this issue has been clear and consistent. Caste
and race discrimination are two separate issues and there is no case
to equate the two. We are opposed to attempts at international fora to
equate the issues," said an official source.

Until the mid-1990s India had back moves to include all discrimination
based on descent as a feature of racism in the International
Convention on the Elimination of Racial Discrimination. But it changed
its position in 1996 when it is understood to have become concerned at
onerous reporting obligations under the convention.

India's leading campaigner for dalit rights, Dr Udit Raj, last night
welcomed the Equality Bill and said it would increase pressure for the
UN to recognise caste as a form of racism.

"The United Kingdom has done the right thing. The new law will give
moral boost to the people discriminated on the basis of their caste
and will force the UN to include caste as a tool of discrimination.
The government of India has been adopting dual standards. At world
forums they accept Indians are victims of caste but when it comes to
local politics and policies they cash in on caste politics," he told
The Daily Telegraph.


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UK close to banning caste-based discrimination

March 31, 2010 19:54 IST


In a "historic" step, British Parliament has moved closer to amending equality laws to declare as illegal caste-based discrimination, which is also prevalent in India [ Images ], after the House of Lords cleared the measure. The Equality Bill -- which unites the various strands of diversity legislation, outlaws age discrimination and requires businesses to report on the gender pay gap -- will now face final consideration by the House of Commons prior to receiving royal assent. It is expected to become law before the general election expected in early May.



The House of Commons will consider the amendments suggested by the House of Lords on April 6. Amendments made by the House of Lords included a power to outlaw discrimination on the basis of caste; a ban on asking for health and disability information prior to making a job offer; and removing the ban on civil partnership ceremonies taking place in religious premises. There has been mounting evidence of the prevalence of caste-based discrimination among people with origins in the Indian sub-continent.



After refusing to amend the laws for some years on the ground that there was no evidence of such practice in Britain, the government has now accepted that discrimination on grounds of caste may be happening. Harriet Harman, Minister for Women and Equality, said: "I'm pleased that the Equality Bill has completed its third reading in the House of Lords. This is a historic piece of legislation that contains a range of new rights, powers and obligations to help the drive towards equality, including tackling the overarching inequality caused by where you are born and what your parents do for a living."



The third reading is the final stage at which a bill can be amended before it becomes law. Baroness Thornton has commissioned the National Institute of Economic and Social Research to conduct research into the subject.



Based on the evidence and research presented in the report, the government is expected to amend equality laws and initiate measures to prevent caste-based discrimination in the same way as discrimination on grounds of sex, colour, religion, age and sexual orientation. Lord Avebury, who belongs to the Liberal Democrats group, had moved the amendment to the qualities Bill 2009, and said he believed the research would "conclusively prove that caste discrimination does occur in the fields covered by the bill".



Keith Porteous Wood, Executive Director of the National Secular Society, said: "The blight of caste discrimination, under which millions in India are regarded as 'untouchable', has spread to this country virtually unnoticed." In November 2009, research conducted by academics at the universities of Manchester, Hertfordshire and Manchester Metropolitan University said tens of thousands of people with origins in the Indian sub-continent faced caste discrimination in Britain.



The new study, whose main conclusion is that there is considerable evidence of caste-based discrimination among the Asians in Britain, was coordinated by the Anti-Caste Discrimination Alliance and included academics from three universities. The report, titled 'Voice of the Community – A Study into Caste and Caste Discrimination in the UK', says that the caste system is widespread and that it affects tens of thousands of people in the workplace, the classroom and even the doctor's surgery.



The study says: "There is clear evidence from the survey and the focus groups that the caste system has been imported into the UK with the Asian diaspora and that the associated caste discrimination affects citizens in ways beyond personal choices and social interaction. "There is a danger that if the UK government does not effectively accept and deal with the issue of caste discrimination the problem will grow unchecked."

http://news.rediff.com/interview/2010/mar/31/uk-close-to-banning-caste-based-discrimination.htm

[ZESTCaste] UK bill links caste to race, India red-faced

 

http://timesofindia.indiatimes.com/india/UK-bill-links-caste-to-race-India-red-faced/articleshow/5745108.cms

UK bill links caste to race, India red-faced
Manoj Mitta, TNN, Mar 31, 2010, 04.17am IST

NEW DELHI: In the first such legislative move anywhere in the world,
and much to the embarrassment of India's official position, the
British House of Lords has passed a law that treats caste as "an
aspect of race".

On March 24, the House of Lords passed the Equality Bill empowering
the British government to include "caste" within the definition of
"race". This threatens India's much-touted success in keeping caste
out of the resolution adopted at the 2001 Durban conference on racism.
The provision to outlaw caste discrimination in Britain came in the
form of an amendment made by the Lords as a result of intensive
lobbying by dalit groups, including followers of Ravidass sect who had
suffered a violent attack last year in Austria.

The bill will become a law after the House of Commons passes it. The
legislation draws its legitimacy from a recommendation made in 2002 by
the UN Committee on the Elimination of Racial Discrimination (CERD)
that all member states of the International Convention on the
Elimination of all forms of Racial Discrimination (ICERD), including
India and the UK, should enact domestic legislation declaring that
descent-based discrimination encompassed caste and "analogous systems
of inherited status".

This development comes at a time when the Manmohan Singh government is
already under pressure before the UN Human Rights Council as the draft
principles and guidelines issued by it last year on discrimination
based on work and descent recognized caste as a factor. The British
legislation may provide impetus for the adoption of those draft
principles and guidelines.

Though the bill originally contained no reference to caste, the Gordon
Brown government agreed to its inclusion even as it commissioned a
research on the nature of the problem that is believed to have come
into Britain through the Indian diaspora. A parliamentary committee,
while recommending last year that caste be considered as a subset of
race, cited specific instances of caste discrimination in Britain.

In one such case, a qualified dalit working in the National Health
Service suddenly suffered discrimination at the hands of his
supervisor soon after the latter discovered his "low caste" status.
The dalit employee was reportedly harassed and suspended from work for
a whole year. While a trade union managed to obtain compensation for
him, the case highlighted a lacuna in the law to deal with caste
discrimination. The Gordon Brown government accepted the amendment
tabled by Liberal Democrats subject to the outcome of the research
ordered by it on caste discrimination. Baroness Thornton, speaking for
the government, told the peers, "We have looked for evidence of caste
discrimination and we now think that evidence may exist, which is why
we have now commissioned the research."

Lord Avebury, who had tabled the amendment, said he believed that the
research would "conclusively prove that caste discrimination does
occur in the fields covered by the bill". India's opposition to the
linking of caste with race began in 1996, when it tried to free itself
of "reporting obligation" under CERD, saying that caste, though
perpetuated through descent, was "not based on race".

This is a drastic departure from the position originally taken by
India in 1965 while proposing the historic amendment to introduce
descent in CERD. It had actually cited its experience with caste as an
argument for recognizing all forms of descent-based discrimination.

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[ZESTCaste] Equalisation to annihilation-and beyond

http://www.himalmag.com/Equalisation-to-annihilation-and-beyond_nw4414.html

Equalisation to annihilation-and beyond

April 2010
By: S Anand


A further fragmentation of caste identities would rule out the
possibility of solidarity across oppressed castes.

Caste is not a physical object like a wall of bricks or a line of
barbed wire which prevents the Hindus from commingling and which has,
therefore, to be pulled down. Caste is a notion, it is a state of the
mind. The destruction of Caste does not therefore mean the destruction
of a physical barrier. It means a notional change.


– B R Ambedkar


All Illustrations by Durgabai Vyam and Subhash Vyam / (C) Navayana Publishing
B R Ambedkar was at his lacerating best in 1936. That was a time when,
in Lahore, a breakaway faction of the reformist Arya Samaj, known as
the Jat-Pat Todak Mandal (Forum for the Annihilation of Caste),
advocated inter-dining and intermarriage as measures to destroy caste.
Membership, on paying two rupees as annual subscription, was meant for
"Hindus" who took "a vow to marry himself or his sons and daughters
out of his caste". The radical bluster of this forum, led by savarna,
upper-caste Hindus, stood exposed when they refused to let Ambedkar
express his views, despite having invited him to deliver the
presidential address of the Mandal's annual conference in May 1936. In
his undelivered speech, entitled Annihilation of Caste, Ambedkar
argued, "Hindus observe caste not because they are inhuman or
wrong-headed. They observe caste because they are deeply religious."
This train of logic made him tell the Jat-Pat Todak Mandal, "The enemy
you must grapple with is not the people who observe caste, but the
Shastras which teach them this religion of caste."

On reading Annihilation of Caste, 'Mahatma' Mohandas Karamchand Gandhi
made a forceful defence of the fourfold chaturvarnya system. In
response, an irate Ambedkar did not mince words about how, in his
view, caste could really be annihilated: "You have got to apply the
dynamite to the Vedas and the Shastras, which deny any part to reason;
to the Vedas and Shastras, which deny any part to morality. You must
destroy the religion of the Shrutis and the Smritis. Nothing else will
avail." But at least during the heady 1930s, there was the pretence of
concern over caste and the issues that plagued Hindu society across
the Subcontinent. Though Ambedkar ridiculed the pusillanimous efforts
of the 'social reform' school (initially Brahmin-led efforts of the
Arya Samaj, and then represented by a section of the Indian National
Congress), these elements did constitute a body with whom a radical
like him could joust.

An institution such as caste has displayed enormous resilience,
surviving multiple challenges and reinventing itself according to the
times. Yet its origins and survival remain a riddle. Asked to reflect
on the future of caste, Ravikumar, a writer and public intellectual
from Tamil Nadu, recently said, "In the case of caste, no two people
agree on when exactly it was born. In spite of the rigorous research
that has gone into it, everybody is unsure about where this miraculous
birth took place. Since origin and history cannot be pushed aside, it
is crucial that a birth certificate for caste be obtained as soon as
possible, for us to predict its future." That is a smart response, but
still leaves in our hands the gooey mess of caste. Any talk of the
future of caste seems 'offensive' to many; they see it as a matter of
the 'present'. Well, it has been so for a few millennia now, and it
looks like caste is far from dying. It is like snot: We have just
learned to live with it.


The rule of exceptions
One can rationally understand how and why class inequalities exist and
function; and across the globe, there have been strategies evolved to
fight class. We still have unions that seek to protect class
interests, though these have disappeared and/or become obsolete under
the onslaught of neoliberalism. Even if the ideal communist society is
a utopia, the will to achieve it has always existed – and has excited
those involved in the struggle for one. It is an ideal that is
realisable. So too with gender, as successful battles have been fought
in fighting inequalities and discrimination based on sex. Likewise,
racism has been tackled in many ways, though it does persist.

Even when the fight against racism and sexism were in their nascent
stages, futures that transcended the boundaries of race and sex were
imagined by science-fiction and fantasy writers in the West. The
political struggle against discrimination on the basis of race and sex
was matched by the literary imagination. Way back in 1873,
Maharashtrian revolutionary Jotirao Phule acknowledged this when he
dedicated – even at the risk of overreaching – his trenchant critique
of the origins of caste, Gulamgiri (Slavery) "to the good people of
the United States as a token of admiration for their sublime,
disinterested and self-sacrificing devotion in the cause of Negro
Slavery."

The fact is, in Southasia, the challenge to speculate on a future of
caste has not thrown up imaginative responses. For the ideology of
caste, there seems to be no end in sight. For a system that defies
both reason and morality, it looks quite unshakeable. Clearly, over
centuries, there has been an accretion of new jatis; indeed, the scope
for the infinite spawning of jatis had been written into the
scriptures that govern the ideology of caste. Though varna-samkara,
the mixing of castes, is theoretically prohibited, scriptures like the
Manusmriti offer several caveats anticipating transgressions. Indeed,
Kautilya's Arthashastra, estimated to be written in 150 AD, offers an
even more exhaustive labelling and classification of jatis that are
products of varna-samkara. Is it not just British administrators – as
some postcolonial scholars would have us believe – who devised lists
and schedules of castes: This was simply an old Brahminical habit that
colonialism adopted.

From the very beginning, the authors of the caste system envisioned
the scope for endless reproduction of castes, and the creation of new
castes, by writing into the system of rules a set of exceptions that
only reinforce the rules. We may have as many intercaste marriages as
we wish, but caste will not die. On the contrary, new castes will
emerge. As they have. Speaking in New Delhi recently, the Slovenian
Marxist philosopher Slavoj Zizek, who has been attempting to come to
terms with the befuddling ideology of caste, said that such a system
can be sustained "only by a complex panoply of tricks, displacements
and compromises whose basic formula is that of universality with
exceptions: in principle yes, but … The Laws of Manu demonstrates a
breath-taking ingenuity in accomplishing this task." Zizek believes
that the true regulating power of the law

does not reside in its direct prohibitions, in the division of our
acts into permitted and prohibited, but in regulating the very
violations of prohibitions: the law silently accepts that the basic
prohibitions are violated (or even discreetly solicits us to violate
them), and then, it tells us how to reconcile the violation with the
law by way of violating the prohibition in a regulated way.

The idea of corrupting the system of caste through genial viruses like
intermarriage and inter-dining is defeated even before organisations
like the Jat-Pat Todak Mandal in Lahore or the Periyar E V
Ramasamy-led Self-Respect Movement in Tamil Nadu offered these as
counters. After all, the very system we are dealing with is a gigantic
virus, which is why Ambedkar spoke of the need to "dynamite" the
Brahminical religion that upholds caste. Yet his subsequent recourse
to Buddhism, stripped of all the metaphysical baggage it had acquired
over centuries, has not exactly led even Dalits into a caste-free
utopia. A whole generation of Dalit Buddhists has relapsed into
popular Hinduism, as studies have shown.

Further, new communities are always being enlisted as castes.
According to historian D D Kosambi, at the instance of Kautilya, the
Brahmins were designated with the task of creating castes among tribes
that rebelled against the Mauryan Empire – despite the fact that the
Mauryans were themselves believed to be of tribal/Shudra origins. In
her recent essay on Maoists in Dandakaranya, writer Arundhati Roy
notes that, as part of the Hindutva drive,

In north Bastar, Baba Bihari Das had started an aggressive drive to
'bring tribals back into the Hindu fold', which involved a campaign to
denigrate tribal culture, induce self-hatred, and introduce Hinduism's
great gift – caste. The first converts, the village chiefs and big
landlords – people like Mahendra Karma, founder of the Salwa Judum –
were conferred the status of Dwij, twice-born, Brahmins.

Those who refuse to convert are also casted, by being declared katwas
(untouchables). In Kandhamal, Orissa, after three decades of
indoctrination, the Hindutva forces incited the Hinduised Adivasis,
the Kandhas, to attack the Pana Dalit Christians for a full year
leading up to December 2009. It is the same old script of the shrewd
Kautilya that is being enacted today.

It is caste that gives Brahminism – what we call 'Hinduism' today –
its sanatan (eternal) status. Yet if caste seems indestructible,
self-regenerating, everlasting as well as ever-changing, what, then,
is its future? The caste system is no longer simply linked to
occupation, though this linkage has not altogether disappeared. There
has, of course, never been rigidity written into this system; rather,
it has proved itself to be enormously flexible, a characteristic that
has helped it to adjust, make compromises, survive and thrive. To
illustrate, according to social historians, the Jats who are today
demanding Other Backward Class (OBC) status in India were, until the
eighth century, regarded as a chandala, untouchable, jati in the Sindh
and Punjab regions. By the 11th century they had attained Shudra
status; after the Jat rebellion of the 17th century, a segment of the
Jats aspiring to be zamindars sought Rajput (Kshatriya) status.

Historian Irfan Habib sees this as an instance of erstwhile victims of
the caste system turning into its votaries. We also find that many
Dalit communities that announce their arrival on the stage of
modernity seek to present us with imagined histories of a glorious
past, when they actually belonged to a higher caste and became
subsequently 'fallen'. For instance, as chronicler of the Dalit
movement Bhagwan Das points out, thanks to indoctrination by the Arya
Samaj since the 19th century, the Lalbeg community, spread across
undivided Punjab, was rechristened as Valmikis. The story that they
were originally Brahmins and their ancestor was the writer of the
Ramayana has found acceptance among the Valmikis, who no longer call
themselves Lalbeg – a name that, according to Das, had Buddhist
origins. In Tamil Nadu, the Pallars (Dalits) say they are Devendra
Kula Vellalars, tracing their ancestry to the Vedic god Indra.

The equalisation mirage
Since the time of colonial modernity, the oppressed castes have
demanded a fair share in the power structures, and devised various
strategies by which to counter the forces that have sought to keep
them down. Such a thrust – aided by a constitution and a democracy
modified or written by Ambedkar to respond to the specificities of a
caste-ridden society – has resulted in the limited social and
political empowerment of several erstwhile Shudra castes and Dalits.
Given that caste is here for good, the issue before every caste seems
to be how to make the best use of this identity. The process underway
in large swathes of the Subcontinent is not an effort to undermine
caste, but rather the assertion of each jati's identity to stake claim
to a share in power. What is indeed unspooling is the impetus towards
what some activists have called 'equalisation of castes', not their
annihilation.

In such a context, the simplistic demand for the annihilation of caste
and the effort to project everyone as equal can be read as a
Brahminical ploy to ensure that the inherited material and
intellectual privileges of the elite are maintained. Such an
artificial annihilation of caste would mean the marginalised castes
forego their group identity, and will themselves into a
liberal-democratic universe in which only individuals matter. In such
a world, the Brahminical castes will project themselves as individuals
with merit, and keep the Dalits and other marginalised groups out – as
they have always done. Such an effort at erasing caste will only
result in the annihilation of the oppressed castes.


This is the caste struggle that is ongoing today in India. In the kind
of first-past-the-post parliamentary democracy practiced in the
country, this has meant the consolidation of jati identities where
each caste seeks a share in the political structures. When Lalu Yadav
is chief minister of Bihar, the Yadavs benefit; when Nitish Kumar
takes over, it is the Kurmis' turn; the Pattali Makkal Katchi in Tamil
Nadu almost exclusively represents the Vanniyar caste's interests.
Tamil Nadu has also seen the debut of the Kongunadu Munnetra Peravai,
a party that brazenly represents the voice of the land-owning Gounder
community. They contested 12 Lok Sabha seats in the 2009 parliamentary
election.

The logic of such democratic sharing can also ensure that Dalits fight
among themselves for the meagre spoils of the system, as can be seen
it the case of the Madigas and the Malas of Andhra Pradesh fighting
over sub-categorisation of quotas. This is a struggle that has led to
Chief Minister Nitish Kumar creating the category of Maha Dalit in
Bihar, to ostensibly ameliorate internal inequalities with the Dalit
castes. What we see unfolding is democracy and modernity joining hands
to further fragment jati identities, and thus rule out the possibility
of solidarity across oppressed castes.

We may even hazard the conclusion that parliamentary democracy is best
suited to perpetuate castes and facilitate caste mobility. India is
often projected – and celebrated – as one of the unique examples of
the sustained success of democracy; the secret of this success is that
such a political system can peacefully coexist with caste. In fact,
caste and democracy – much to posthumous Ambedkarite consternation –
have nurtured and sustained each other. In Uttar Pradesh, we see
someone such as Mayawati build a majestic alliance of castes that
ought to be theoretically, and even principally, opposed to each
other. In the personal realm, the Dalits and Brahmins may not have
roti-beti ka vyavhaar (inter-dining and intermarriage), but they are
willing to come together to share political power.

But can there, really, be equalisation of castes? The principle behind
reservation is exactly this: to ensure opportunities to
hitherto-oppressed communities and, in the long term, ensure
educational and economic parity with other castes that have enjoyed
the privilege of birth. The logic that governs the 'equalisation of
castes' theory is that if enforced poverty and lack of education can
be addressed, castes can be placed on an equal footing. However, since
the very basis of caste is graded inequality and hierarchy – the
preservation of notions of high and low – then 'equalisation of
castes' is a contradiction of terms. The policy of mandatory
reservation thus cuts both ways – facilitating social mobility for
subaltern communities but also ensuring that they are trapped in the
identity. This is demonstrated by the fact that despite the Bahujan
Samaj Party's huge success and celebrated coalitions of jatis,
Mayawati cannot ensure the victory of Dalits from non-reserved
constituencies. Reservation, while absolutely necessary for oppressed
castes, has also not dented caste consciousness.

What the future holds, then, is the heightened assertion of caste as
identity. To be anti-caste can be a privileged, individualised
position. Those who have the resources can delude themselves into
believing that they can 'exit' caste, but that hardly amounts to the
annihilation of caste as a system. Freedom from caste can, at best, be
an idiosyncratic, personal manifesto. We can, indeed, each of us,
script and imagine such a future and retain a fragment of personal
sanity – if we can afford it. But there can be no alternative to the
larger battle of the caste underclass to fight discrimination.


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