All Dalits should be equal before the law
Submitted by admin on 28 March 2010 - 4:53am.
By Madhu Chandra
The struggle between Upper Caste and oppressed communities of India
has reached its crucial juncture. The presidential reservation
facilities preserved in Indian Constitution is most precious gift
given to Indian oppressed class community. This legal framework to
protect and preserve the underprivileged communities of India has been
under attack again and again by high caste minority ruler of the
country.
This short write up is an attempt to bring awareness among the SC/ST
communities, particularly to those who have benefited from SC/ST
status facility yet failed to realize the importance of joint effort
to safe guard the constitutional right of the provision for Dalit
communities.
Who are Dalits and Dalit-Bahujans?
Three reasons why reintroduction of Dalit is needed at this hour:
First, there is strong feeling that the North East Indian Scheduled
Caste (SC) and Scheduled Tribe (ST) are different from the rest of
SC/ST of the country. Secondly, there is no difference between SC/ST
of North Eastern India with the rest of SC/ST communities in their
definition. Thirdly, the North Eastern SC/ST communities rarely know
the plights of being SC/ST communities in rest of the countries.
Dalit movement has been widely known today all over India. American
and European countries started to hear the plights of Dalit atrocities
in India. For the first time United Nations heard the issues of Indian
Dalits in 2002.
To understand clearly, what the Dalit movement is all about; it will
be essential to know what the word "Dalit" actually means. After
knowing the definition of Dalit, we may fully understand what is
happening among the SC/ST communities in Indian villages, towns,
cities and forests. This will also help the SC/ST communities in
northeast India to understand what means to be SC/ST in India society.
Dalit is the very term that Indian SC/ST communities named themselves
sometimes in 1960s when SC/ST of Maharashtra protested and left
Hinduism to get liberated from Hindus caste system. It is derived from
Sanskrit word "Dal" meaning for "Oppressed," "Crushed," or "Defiled."
Dalits are not included in Hindu's four Castes – Brahmins, Kshatriyas,
Vaishyas, and Shudras developed by Brahmin forces ever since Aryans
invented in Indian soils in 1500 BC.
All SC/ST communities in India including the SC/ST communities in
northeast India are known as Dalit Communities by definition in how
SC/ST communities are oppressed by Indian's upper caste communities.
To define it in larger term by including Others Backward Classes
(OBC), whole low caste and back class communities are politically
termed as Dalit-Bahujans (Bahujan means majority) which represent 85%
of Indian population.
Brahmins dominated whole Indian society by placing them on top of all
castes that also enjoy and control all temple power and temple
economic. The education is designed only for Brahmin societies.
Kshatriyas placed in second row of Hindu caste system designated to
enjoy and control over authorities and enjoy tax revenue collected
from whole society under the influences of Brahmins. Vaishyas placed
in third caste row designated to control, enjoy trade, and power under
the influences of their superior Brahmins and Kshatriyas. Shudras
placed in fourth caste row designated to serve their three superior
Brahmins, Kshatriyas and Shudras. They performed lowest works such as
removing the human waste from upper caste homes. The first three
castes are known as UPPER HINDU CASTE and the fourth as low caste.
Where the Dalit communities do falls within Hindu caste structure?
Dalits actually does not fall within any of Hindu's four caste system!
Dalits are casteless people because they are not counted as fellow
human beings. They are defiled communities. Their shadow on upper
caste is considered even defiled. To err their footsteps they were
forced to tight a broom on their backs. Dalits are not to learn
Sanskrit, if they happen to hear a Sanskrit phrase, theirs ears are to
be poured melted tines. If they happen to remember a Sanskrit phrase,
their tongues are supposed to be cut off.
People hearing the plights of being Dalits will not accept it in
twenty first century but it is still happening in far and near corners
of Indian societies. In 2002, five Dalits were skinned alive for
skinning a dead cow. It proved that a dead cow is more worth than five
Dalits. In 2005, fifty Dalits homes were burnt down in the presence of
police forces and district authorities in Gohana 70 km away from
Indian capital city – Delhi. In 2006 March, a Dalit man's both hands
and leg amputated in Punjab by upper caste when he fought back the
gang rapists of his minor daughter. The story like this never cease in
daily print and electronic media. Many of these crimes go unreported.
What Are The SC/SC Status Benefits?
British knew SC/ST known today as Dalit communities in India as
"Depressed Class" and "Untouchable" before independent. In 1937, for
first time, the British termed "Depressed Class" or "Untouchable" as
Scheduled Caste and Tribe. Special consideration for their social,
economical and educational uplift was considered even before the
independence of India.
After Independent, in framing of Indian constitution through
initiatives of Dr. Bhim Rao Ambedkar gave special provision for SC/ST
communities and the Presidential Order of SC/ST was listed in 1950.
Majority of SC/ST communities of North East India see SC/ST status
facilities in the terms of employment and educational reservation
privileges. The SC/ST (Prevention of Atrocities) Acts 1989 amended in
1995 seem to be not fully understood by SC/ST communities of northeast
Indian which is much beyond educational and employment provisions.
Special Acts under SC/ST Prevention of Atrocities Acts 1995 has been
provided to prevent atrocities against SC/ST communities anywhere in
the country. The provision given to any SC/ST communities includes
some of the followings:
Special provision of employment in Central and state sectors,
educational provisions by seat reservation and monetary helps, SC/ST
land protections, Atrocity prevention Acts and remedies to the
victimized SC/ST communities such as legal punishments, compensations
etc. (SC/ST Prevention of Atrocity Acts 1995 is available in concern
offices)
Who Struggles For SC/ST And Who Benefits?
Many SC/ST communities take the SC/ST Status beneficiaries for granted
that it naturally came to be included in Indian Constitution. It is
included in Indian Constitution not without somebody struggling for
that. Dr. Ambedkar was one of many who struggled for SC/ST communities
in India and many others after him. For the service Ambedkar has done
for Indian SC/ST society, he could have been equally given the "Father
of the Nation" title as it is given to Mahatma Gandhi.
Therefore in this short write up, a question is being asked, "Who
benefits from SC/ST status facilities provided in Indian Constitution
on who have struggled for it?" Those who get the SC/ST status benefits
must realize the need of helping those who are involved in the
struggle to ensure SC/ST cause.
Differences between being SC and ST!
Scheduled Caste communities are at the receiving end of Hindu caste
system. They are considered to be part of Hindu caste system but Upper
Caste did not allow them to worship their gods in the same temples,
they are considered defiled. They are socially, economically,
educationally, politically oppressed. The freedom to choose their
faith and religions is denied. The movement they convert to any other
faiths and religions different from Hinduism, Sikhism and Buddhism,
they are denied all the Presidential Order of SC status facilities.
But Scheduled Tribes are little bit different in the nature they are
oppressed. They are mostly oppressed in the form of education and
economic facility to them for being geographically far away in
forests. ST communities are not oppressed like SC when they change
their faiths and religions. They are given the SC/ST status benefits
even if they convert to other religions different from Hinduism,
Sikhism and Buddhism.
Scheduled Caste origins converted to other faith and religions
different from Hinduism, Sikhism and Buddhism are fighting for their
birth, fundamental and constitutional rights to enjoy SC status even
after conversion. ST communities will need to realize that their same
brothers and sisters of SC communities, who are oppressed under the
same stigma of Hindu caste system, need the constitutional rights to
be included in presidential order list of SC/ST 1950 even after their
conversion to any of their choice.
What is the SC/ST Situation in India?
There is huge lie against SC/ST from general and upper caste
communities that reservation provided to SC/ST communities has not
done any good to them. It is open fact that without SC/ST status
provision provided in Indian Constitution and reservation facilities,
SC/ST communities could never have come up to what they are today. If
the reservation facility provided to SC/ST today are denied then they
will pushed back to what it was before.
The debate by Sangh Parivar (basically upper caste) on reframing of
Indian constitution is the greatest challenge to all SC/ST, OBC and
minorities. The content of Indian constitution has been charged an
anti Hindu thus they want to change it by removing all the facilities
and provision given to SC/ST and non-Hindus. The constitution of India
is biggest gift to every SC/ST, OBC, Minorities and every citizen of
India. It should be preserved and protected from all communal forces.
Mushrooming of private sectors is another great challenge for SC/ST
because once all the governmental sectors converted into Private
Sectors, they will not be any post left for SC/ST communities because,
the Private Sectors do not have the reservation system in employment.
Mushrooming of private sectors may not be able to stop from it's ever
growth. However, there can be one possible hope for SC/ST that legally
and politically challenges the private sectors to provide reservation
for SC/ST communities, which is deadly protested by Private Sector
owners.
Conclusion
Although SC/ST communities do not realize who struggled for very
benefits of SC/ST, there is a group of people like Dr. Ambedkar and
his followers who still struggle to ensure SC/ST status benefits.
Educated and empowered SC/ST often forgets their SC/ST brothers and
sisters who are still in the need of help for their total liberation
from caste oppression.
SC/ST status beneficiaries must be guarded even after mushrooming of
private sector. It is high call from SC communities to ST communities
to stand united especially against constitutional denial of SC status
facilities when they are converted to other faiths and religions
different from Hinduism, Sikhism and Buddhism.
---
Madhu Chandra is a social activist and research scholar based in New
Delhi. He works as Public Relation Secretary of All India Christian
Council (www.indianchristians.in), Spokes Person of North East Support
Centre & Helpline (www.nehelpline.net) and National Secretary of All
India Confederation of SC/ST Organisations
(www.scstconfederation.org).
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