http://www.humanrights.asia/news/ahrc-news/AHRC-STM-197-2011
INDIA: Dalits should save themselves through justice reforms
December 9, 2011
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AHRC-STM-197-2011.jpgA way to effectively address caste-based
discrimination in India is by reforming institutions of justice
administration. This means changing the manner in which institutions
like the police, prosecution and judiciary function in the region. At
the moment, what are obtained in the name of human rights are only
empty promises. When public institutions of justice fail having a law
to guarantee non-discrimination of Dalits is of no meaning. What is
achieved in India will have tremendous influence in the region. (photo
above: A Dalit woman manual scavenger cleaning dry latrine. Courtesy
of New Statesman)
Police reforms
Despite constitutional protection and laws like the Scheduled Caste
and Scheduled Tribes (Prevention of Atrocities) Act, 1989 there is
hardly any improvement in the investigations into the violations of
Dalit rights. The reason is quite obvious. The investigators are the
police and among them prejudices against Dalits run deep.
The Indian police is primitive concerning the caste issue. It can be
also said that police is the most undeveloped of all the public
institutions in the country. A combination of factors, including its
colonial origin and the overwhelming influence of old Indian
prejudices have made the Indian policing system one of the most
archaic institutions of the world.
India has attempted to modernise many of its institutions and achieve
some degree of success. In commerce, for example banking, India has
achieved remarkable success and today is in a position to compete
efficiently with the rest of the world. However, when it comes to
policing progressive ideas have been rejected. This is also clearly
the case regarding the elimination of violence against the Dalits,
Scheduled Tribes as well as the poorer classes of the society. This is
despite political promises by all parties to end caste-based treatment
of the people and of ensuring equality for all Indians.
The Indian police see themselves as oppressors and controllers of the
poorer classes. The suppression of all moves by the poor to organise
themselves for the purpose of achieving improvement in their lives is
obstructed by the police by the use of torture and extraordinary forms
of inhuman and degrading treatment. Higher-ranking police officers
have acquired enormous 'expertise' in humiliating, intimidating and
where they think it necessary, in the use of violence against Dalits
and all the poor. Creative writers in the country have demonstrated
the almost demonic nature of the Indian police when it comes to the
treatment of Dalits and the poor.
Dalit movement's failure to fight for police reforms
It is rather strange that the Dalit movement in India has not directed
its efforts to achieve police reforms despite the policing system
being the instigator and plays a major role in their oppression. In
this failure lies the inability to win over practical results in terms
of actual lives of the Dalits. Whatever they achieve by way of
legislation and political promises by various governments, none of
these are translated into actual affirmative actions since the police
plays the role of the implementer. The Dalit leadership needs to
develop their expertise in getting the laws, which could have a
positive effect on their lives translated into actual implementation
by achieving reforms in the institutions of implementation, such as
the police.
More intellectual effort is required by the Dalit movement to confront
the oppressive role of the police. The Dalits should become an active
agent of police reform. Particularly in the area of investigations of
crimes against the Dalits about which at the moment the Indian police
show little interest and even less efficiency. The Dalit movement
should realise that the country's police are conditioned by a policy
within the institution to defeat the calls for justice by way of
sabotaging investigations. Once the investigations are sabotaged there
is little chance of success in judicial actions. In courts, everything
depends on evidence and when the evidence collection is sabotaged the
perpetrators of the attacks against Dalits are ensured impunity. The
architect of impunity in crimes against Dalits is the Indian policing
system.
The policing system relies on oral statements from the witnesses
regarding crimes. In crimes against the Dalits persons who belong to
privileged classes obstruct investigations and also do not provide the
information required to the police. On the other hand witnesses from
the Dalit community itself are afraid of the consequences, to them and
their families, and often do not come forward to give evidence. The
police then write their reports to the courts stating that there is no
evidence to proceed regarding allegations of crime relating to the
Dalits.
Modern policing relies heavily on technological advances in dealing
with crime. India has the wealth and all the resources required to
reform its policing system and bring it in par with policing systems
of the developed countries. Without achieving this fundamental reform
and placing priority on evidence gathering through scientific methods,
laws like the Prevention of Atrocities Act will be of little use.
If the Dalit movement is to develop the expertise in playing the role
of a public opinion maker for police reforms, the Dalit leadership
should acquire knowledge and skill in dealing with this issue. The
meticulous documentation of the manner in which the Indian police
sabotage inquiries into crimes against Dalits could be a significant
way for influencing public opinion in India as well as outside. Dalit
leaders should request and obtain technical advice required in
developing their skills in order to achieve reforms of their policing
system.
Every little achievement in making the Indian police accountable in
terms of the rule of law will bring about enormous freedoms to the
Dalits. With such freedom Dalits will achieve improvements in life,
and will acquire skills, which will enable them to break away from the
bondage of caste-based employment, and various other humiliating
experiences Dalits are exposed to today.
Indian judiciary
Despite some encouraging trends from the Indian judiciary to ensure
equality before law, the examination of many cases shows shocking
attitudes by the judiciary when dealing with crimes relating to
Dalits. The ancient mentalities that refuse to recognise Dalits as
equals before the law is often reflected in the manner in which cases
relating to Dalits are dealt with and even by way of sentences against
the perpetrators of these crimes, who are treated often with
extraordinary lenience by some courts.
The Dalit movement needs to acquire the knowledge and the skill to
fight against the limitations of the judiciary. This again requires
meticulous documentation of judicial behaviour in caste related crimes
and violence. With such documentation the Dalit movement can influence
public opinion in India. The Dalit movement must now bear to confront
the oppressive system of justice and demand changes.
Document Type :
Statement
Document ID :
AHRC-STM-197-2011
Countries :
India
Issues :
Caste-based discrimination
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