Frontline
8th Anniversary Special

September  2001 
Special Report


A date with Durban

After years of systematic data collection and campaigning the Dalit issue has finally arrived on the global stage

BY TEESTA SETALVAD

When over 160 Dalit activists from different  parts of the country converged at Durban in South Africa and made their presence felt at the UN’s World Conference Against Racism, Xenophobia and Related Intolerances  in August-September, the exuberance of the occasion could be felt in the rhythmic beat of Masterji’s drums and the dynamic dance-dramas performed by the cultural troupe trained by the Sakhti Centre, Karnataka. 

For a good one third of the Dalit delegates from India, this was the first time ever that they were coming out of the confines of their village. A village, moreover, that despite the glorious homilies paid to it in the past and even now remains in most cases, structured rigidly by cruel hierarchies and divisions. Where clean air and water is decreed only for the born-again, the powerful few. Where entrance to the school and the local panchayat is violently prevented. Where women and men continue to be subjected to crude cultural and economic abuse, in the matter of human dignity and wages. And where the smallest, the slightest attempt at self-assertion and self-alleviation, the refusal to put up with indignities any longer, is met with killing finality.

The Dalits made a date with Durban. Determinedly and with dignity. And despite the few slips and faux pas that undoubtedly reflect a need for gender sensitivity in the leadership. (Is the story very different in the case of very many non-Dalit men, however?) At the non-governmental forum the caste issue dominated the deliberations, the visibility of the Dalit contingent was envied and their discipline and sense of purpose applauded. 

“Listen to the Untouchables” was the front-page headline in a South African national daily on August 29, 01. The first week saw dozens of Dalit activists being interviewed by the international media — print, television and radio. There is no denying that the issue has come to be firmly lodged in the global consciousness.

The plight of almost a fourth of our one billion people, in fact, has become the subject of common knowledge and debate since 1999 and particularly in the last few months, thanks to the diligent campaign by many Dalit groups and individuals in the build-up to Durban. But the sheer weight and volume of the data that ought to have educated us all, on the continued shame and segregation legitimized by holy scripture, was sought to be sidelined by the hows, whys and wherefores of the Durban discourse. The result speaks of the callous disregard with which we have dealt with the stark facts and figures thrown up by the campaign, leaving much of it unabsorbed and unattended.

Any observer of the Indian media over the past 18 months would easily notice a quantum leap in the coverage of Dalit issues and concerns. From the gruesome headlines that told us how a woman sarpanch was disrobed and paraded naked in a village in MP, because, as an elected local representative, she dared hoist the national tricolour on Republic Day,  to the story of three young Dalit men being hacked to pieces simply because they dared to defy the caste edict of beating temple drums, to serious editorial musings and sermons. The Dalit issue has finally arrived.

If that alone is not a measure of huge success, considering that the mass media can boast of a mere handful of Dalit journalists and a lone columnist, add to it the countless seminars, consultations, Parliamentary debates, TV Talk Shows on the issue. Plus the fact that this mobilization has raised some soul-searching questions before other social and political movements that had consciously or unconsciously ignored the ticklish issue of caste. In turn, Dalit groups got to face some equally relevant questions. All this was a direct result of the Dalits’ date with Durban.

For these reasons alone, the campaign for Dalit human rights must be voted an unequivocal success. Never in the history of pre- or post-Independence India has public discourse, governed and distorted by a variety of interests and concerns, reflected so sharply the Dalit condition. What happened to this discourse especially towards the end,  when the Indian government succeeded in pulling rank with other countries and preventing the direct inclusion of “work and descent based discrimination” in the official document was a swift erasure of the issue of exclusion, segregation and violence from discussions and the injection, in it’s place, of clever distractions. Distractions that, allowed us to turn away from our shame. 

What instead became part of a far more salacious debate was the Dalit motive for going to Durban, the character of the leadership, the sources of funding and finally, the cruellest cut of them all, Dalit behaviour overseas. Typically, few addressed the critical issue at hand because doing so would grant the Dalits their most vital claim — the claim that they are victims of a hidden apartheid. To really understand the notion, we need to, difficult as it is and repetitious as it may seem, remember the difficult facts that the campaign had raised and put before the nation.

The fact that a ‘high’ caste judge in Uttar Pradesh got his chamber washed with the holy water from the river Ganges to purify the seat since the earlier occupant was a Dalit. Or the fact that a public prosecutor from Gujarat justified the thrashing of a Dalit youth to death, arguing that “the law differs from person to person” and proceeded despite this public statement to be appointed a Judge on oath to the Indian Constitution. Or the fact that seats reserved for Dalits — a major bone of contention for the middle and upper class — are deliberately left vacant. 

What were these difficult facts that got easily relegated to ‘atrocities’ within the wider debate? 
The fact that despite the existence of state mechanisms for affirmative action that have been statutorily created by the Indian Constitution, like the SC/ST Commission, it’s reports remain unread in Parliament and recommendations unimplemented. Despite the enactment of two laws — with criminal provisions to contain and punish prejudicial acts of insult, segregation and violence to SCs and STs—systematic non prosecution and poor rate of hearings and convictions reveal severe caste bias among the prosecutors and the judiciary.

The fact that even while the scourge of untouchability and rigid segregation may be invisible in urban slums and high-rise apartments, the continued existence, despite being legally banned,  of manual scavenging (carrying human excreta on the head and entering manholes) in our cities permits our treatment of a section of human beings as less than human, animals even. 

All these issues were left unattended and unabsorbed . 
Even as the pro-and anti-Durban debate raged, and the WCAR was underway, two Dalit women, one in North and the other in South India, were disrobed and publicly humiliated for stepping out of the confines of caste-driven behaviour.

These facts, were, for the first time in decades, in a systematic and dignified way, portrayed before the nation through the Black Paper generated by the Dalit campaign. Given the magnitude of rights’ denials and violence compiled in the document, do we honestly believe that governmental sources, or institutions or corporate houses would have backed Dalit presence at Durban?  Without the support and solidarity of groups worldwide, Blacks may never have got liberated from apartheid in South Africa. Even after that liberation, much of the land and economic resources even today remain in the clutches of the Whites. So it may well be with India’s Dalits.

So, back to the Dalits’ date with Durban. Three issues dominated the non- governmental forum at Durban before the start of the official proceedings. The condition of the Palestinians under Israeli occupation, the issue of apology and reparation for years of slavery (a demand from the African nations) and the issue of Dalits and caste discrimination worldwide. From the start, it was clear that those who hold the reigns of power related to all three issues were reluctant and even threatening in their posturing, determined not to allow them to be raised. 

The issue at the WCAR never was a mere question of Dalits’ success or failure at Durban. It was rather the question of the WCAR’s success or failure in acknowledging the substantive issues raised by people oppressed and discriminated against in different parts of the world. Issues that their own governments and combatants, through bullying or through inter-governmental compromise, succeeded in excluding.

 If the United States threatened and finally did withdraw along with Israel from the official proceedings; if the African nations had to modify their demands on reparation; and, if the Dalits,  had to accept that an innocuous para on  ‘work and descent based discrimination’ is too much of a thorn in the flesh for establishment India; what is this but a reflection that official world politics is more a tale told by the powerful but which contains little of the truth? 

“We shall break the silences, we will ask inconvenient questions. We will speak about the Palestinian issue, the Reparation issue, the issue of caste, the issue of embargo against Cuba,” the NGO Forum’s chairperson, Mercia Andrews had declared at the inauguration. The official proceedings at the WCAR did not do that. The fact that the National Human Rights Commission (NHRC), a statutory body under the Indian Constitution, was commended by none less than Mary Robinson, UN Commissioner for Human Rights, for taking an honest stand and opposing the Indian government at the official forum was, however, no mean achievement. 

The fact that many independent voices from the world and India spoke out against their governments and combatants from the NGO platform, demanding that issues that were being silenced get raised was a beginning. Small and feeble as yet, maybe. But a commendable attempt nonetheless to claim spaces and hearing within international fora like the UN, hitherto completely dominated by pre-set agendas. 

At Durban, the leader of the Indian official delegation at the WCAR, minister of state for external affairs Omer Abdullah spoke to Teesta Setalvad in an exclusive interview. He challenged the Dalit organisations and groups who have successfully put caste on the world agenda to ‘come back home and spend the same time, energy and resources to join the government in the eradication of this evil.’
Responding with anger and outrage at the Indian government’s “irresponsible, and deliberately evasive” attitude, Henry Tiphagne, from People’s Watch Tamil Nadu and an activist who is part of the National Campaign for Dalit Human Rights (NCDHR) answered the charges. We reproduce below excerpts from the two interviews.

‘I would like to invite the 600-odd NGOs who have expended time, energy and resources in raising caste at the WCAR to come back home and help us eradicate the evil of caste!’
— Omer Abdullah

What are the Indian government’s expectations from the WCAR?
We hope to return with a forward-looking, progressive document that is a map of the future in helping governments tackling racial and other intolerances. India would like to play a particularly pro-active role in the Middle-East crisis in urging both sides to a moderate position that allows peace talks to continue and succeed and not break down.

Has there been a major shift in India’s international policy with recent reports of an Indian-Israeli-USA axis as is suggested by the visiting, high-powered delegation of Israelis’ reported urging that India support the exclusion of Zionism (as a form of racism) from the official document?
The Palestinians have not been pushing for this inclusion in the official document. And as far as we know both sides want a workable compromise. As for the visiting dignitaries, India also welcomed Yasser Arafat, what does the media have to make of that?

What lies behind the Indian government’s dogged refusal to allow caste-based discrimination, violence and intolerance to be even discussed at the official forum at Durban?
We recognise that there is bitter caste division and that caste-based discrimination is active. Our objection is to the fact that the ambit of the WCAR is addressed to State-sponsored discriminations. In India, the constitution, laws and State policies have addressed the issue. So what is the purpose of bringing it into the document? 

If India lacked a political will to deal with the issue, it would be legitimate to raise it here. But we are a democracy, a free and open country with radical non-discriminatory provisions in the Indian constitution. We have the freedom of the press and freedom of association, which explains the articulation of groups on caste here, at this forum. We simply have a problem of it being equated with apartheid (as ‘hidden apartheid’) when the State has put its laws and mechanisms in place to deal with the issue.

What is the Indian government’s position on the African countries’ demand for reparation (monies and compensation) for colonialism and slavery from the USA that the latter is vociferously resisting?
India supports the demand of the African nations for reparation for slavery and has decided to back the demand and stance that the African nations take. However, even within the African block, there are countries like South Africa who are trying to dilute and moderate the stance on apology and reparation for slavery and India is encouraging this moderation.

What were the other issues within the sub-continent that India feared would be brought to the WCAR?
Well the issue of Jammu and Kashmir is one that Pakistan never fails to raise and we have to be vigilant that it does not get raised here.

Does India expect the 150-odd countries present here in Durban to support the government’s position on caste? Or has the success of the Dalit movement to make caste-based discrimination, violence and intolerance gained worldwide support for Dalits?
The entire world community is with India in not raising caste in the official document. As far as the paragraph on work and descent is concerned, we are willing to work with it if the formulation is agreeable to us but will resist it otherwise. As far as the work of the groups here is concerned, I would like to invite the 600-odd groups and organisations who have expended time, energy and resources in raising caste at the WCAR to come back home and help us eradicate the evil of caste! 


They have used every dirty trick in the book to contain our campaign, to malign activists and to resist caste-based discrimination, violence and intolerance from receiving 
world condemnation’ — Henry Tiphagne

What would you say the attitude of the Indian government has been related to the inclusion of caste at the WCAR?
The attitude is not simply evasive; it is dishonest and lacks integrity. They have used every dirty trick in the book to contain our campaign, to malign activists and to resist caste-based discrimination, violence and intolerance receiving world condemnation. A truly democratic government would have reacted with maturity and genuine candour, acknowledged even the abject failure of State institutions to implement law and policy provisions due to rank caste bias. 
All of us here represent organisations that have been engaging with central and state government institutions on human rights violations on Dalits. We have filed hundreds of complaints and seen the law toothless because of the deep-rooted bias that prevents its firm implementation.

What has been the record of the SC/ST Commission, a statutory body under the Indian Constitution?
The functioning of the SC/ST Commission reflects exactly what I have been saying. The commission has not been able to protect the lives of Dalits who appeal to them for protection!
It is a body created through a constitutional mandate that is also supposed to have a complaints-handling mechanism. It is treated with utter contempt by the Indian establishment. In 54 years, not even one of the many reports of the commission been presented to Parliament. Whenever the SC/ST Commission demands information from states, the states do not even reply to it!
 
What then do you make of Omer Abdullah’s invitation to all of you to help eradicate the evil of caste when you return home after the conference?
It is callous and insulting. We have with us on our delegation, a woman victim, a Dalit whose husband was slain despite having appealed to the national SC/ST Commission for protection, in June 1997. Murugesan from Mellavalluvau was a Dalit activist who filed a personal affidavit before the SC/ST Commission in October 1996 fearing a dire threat to his life, simply because he had ‘dared’ as a Dalit, to stand for elections to the local body. In December that year, he got elected and was ‘taught a lesson’ six months later. He was hacked to death along with six others as he stepped out of a bus in his village. What does the Indian government expect us to do with the SC/ST Commission who cannot even protect lives?

What would the government of India like to say to the 240 million Dalits who suffer similar, repeated violence and rights’ denials despite the so-called constitutional and legislative provisos being in place?

Which are the other laws and constitutional provisions that are similarly dysfunctional?
Apart from the SC/ST Commission, we have the Safai Karmachari Commission and a law against manual scavenging. Despite this the practice continues; not merely in private homes but in government offices and municipalities. We have the SC/ST Prevention of Atrocities Act, 1989 that is a toothless piece of legislation, which is not being strengthened despite repeated recommendations of the commission. Special Courts provided for under the Act are deliberately not constituted. Where they do exist, we have judges who work with a clear high caste bias – the conviction rate is less than one per cent! 
We are all activists who work with the SC/ST Commission and the National Human Rights Commission. How dare the government dismiss us off like motivated self-seeking campaigners!

How widespread is the practice of untouchability even today, 54 years after the country’s independence?
The SC/ST Commission, a body that enjoys the mandate of the Indian constitution has identified 1,00,000 villages countrywide where the practice of untouchability is manifest through denial of access to both water and the local temple for Dalits! The Muzaffar Alam study conducted by the police in the South India a few years ago points unequivocally to a high caste bias affecting the neutral dispensation of public duty in the Indian police, the public prosecutor and even the judges!
All the official and independent findings are a shameful reminder of the deep-rooted and corrosive existence of caste bias despite state provisions and policies being in place. Should we then not candidly admit this abject failure rather than resist the testimonies of suffering people that stare us in the face?          


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