UK Wakes up to Caste
Discrimination, India
remains Denying Unabashedly.
Dr. Ambedkar's Prognosis, that 'Caste Problem' will become
a 'World Problem' comes true after nine decades. Now we require to initiate
steps to end caste-discrimination and further annihilate the caste.
March
2013 will be remembered as a historical month both for UK and India, as the 'House
of Lords' (Upper House) of Britain took first steps towards formally
acknowledging that caste-based discrimination exists. The Upper House voted for
including 'caste' along will race, sex and religion in the list
of nine 'protected characteristics' in the legislation of Equality Act 2010.
If it gets the approval of the House of Commons, it shall become unlawful
to discriminate on the basis of 'caste' in areas of employment, education and
the provision of services.
Lord Eric Avebury, a Liberal Democrat peer,who was
among those instrumental in moving theamendment highlighted to the governments
inadequate proposals, so far to eradicate caste only by education;without
providing for "legal safeguards".If the proposed legislative move
of eradicating caste-based discrimination becomes a reality the 4,80,000 Dalit
community of UK will be legally entitled to fight caste bias; which till date
has been conspicuously absent. Cases of Vijay Begraj (a Dalit Youth) and
his wife Amardeep (a Jat lady) had to be fought in the ambit of ordinary
legislation on injustices in employment rather than on caste-discrimination in
Birmingham Employment Tribunal; further substantiate the need for such an
anti-discrimination legislation to deal the problem of caste in specific.
The two influential Hindu organisations have been in the
forefront to oppose the legislation and the dominant Sikh groups kept on
denying the prevalence of casteism in Sikhism. The Dalit Diaspora of UK however
protested at the Parliament Square to make their voices heard, "Loud &
Clear".
Many since then have been speaking openly against the
'discrimination of caste' that they have been facing, so much so, that even the
children at school have been bullied about their caste by fellow pupils
from dominant caste families. This
bullying by tender pupils establishes the 'notion of caste' propounded
Dr. B. R. Ambedkar. Dr. Ambedkar the only socialist, anthropologist and
intellectual opined both on the 'problem' of caste and its 'solution, upto
"annihilation." In his world famous document, greater than Das
Capital & Communist Manifesto; Annihilation of Caste,
Dr.
Ambedkar says :
"Caste is a notion it is a state of mind. The destruction
of caste does not therefore mean the destruction of a physical barrier. It
means a notional change."
"Caste may be bad. Caste may lead to conduct so gross as to
be called mans' inhumanity to man. All the same, it must be recognised that the
Hindus [the Sikhs to Dr. Ambekdar are only 'militant and protestant Hindus']
observe caste not because they are inhuman or wrong headed.
They
observe caste because they are deeply religious. People are not wrong in
observing caste. In my view,, what is wrong is their religion, which has
inculcated this notion of caste. If this is correct, then obviously the enemy,
you must grapple with, is not the people who observe caste, but the shastras
which teach them this religion of caste... The real remedy is to destroy the
belief in the sanctity of the shastras." (p. 68,BAWS, Vol. 1, 1989, Govt.
of Maharashtra, India, see 308, BAWS Vol. 5, for Sikhs)
The above theory of 'notion of caste', its sanctity and transmission
from generation to generation, inspite of migrations is well established now.
Not even your economic or educational status changes the 'notion of caste';
though it may change the 'perception; but not the 'notion'. The 'notion'
of caste is provided sanctity by the religion of (a) dharmashastras, and since
it is the (a)dharma of Hinduism which has created caste, the Hindus [or
protestant Hindus - the Sikhs] have belief in caste and its sacredness, is a
fundamental premise that we have to understand. (pp. 89-93, 100-102,
156-60,
BAWS, Vol. 5)
Dr. Ambedkar defined caste as a social grouping having (a) belief in Hindu Religion and bound by
certain regulations as to, (b) marriage, (c) food and (d) occupation.
With this one more characteristic is added by which it is
recognized namely, 'a social group having a "common name" by which it
is recognized'. (p. 158,BAWS Vol. 5)
Dr.
Ambedkar writes :
'A
Hindu is born in a caste and he dies as a member of that caste. There is no
Hindu without caste...' (p. 159, ibid). "There is no doubt that caste had
the sanction of Hindu Law. Every Hindu Law Book has recognized caste as a legal
institution." (p.172, ibid) Caste according to Dr. Ambedkar has three
types of sanction legal, social & religious. (pp. 102, 172-91,ibid)
He
questions as to why even when the legal sanction to caste is withdrawn,
"caste has gone on without abatement."? This is so because, "the
Religious Sanction is the highest sanction which an institution or a belief can
have to support and sustain it, is beyond question." (p. 179)
Dr. Ambedkar propounds the 'religious theory' of the origin of
caste in His later writings than Castes In India (1916),in which he has
advocated 'endogamy' asthe genesis of caste. In his words "the superimposition
of endogamy on exogamy means the creation of caste." (p. 9, BAWS,Vol. 1).
But in Annihilation of Caste (1936) Dr. Ambedkar propounds the
'religious theory' of its genesis & sacredness. Similarly in His writings
on untouchability and Untouchables He propounds :
"This discussion is intended to enforce the conclusion that
caste being preached by the Vedas, it automatically gets the authority of the
written book and the sanctity of the divine word. As a scheme propounded by the
Veda it is doubly protected. Every one must accept caste because it is divine
truth and no body must attack it as an error without being guilty of sacrilege
because it is sacred.This is the Hindu view of caste and the average Hindu is
not impressed by the modern explanation of it by Risley with his racial theory by
Senart with his occupational theory, by Nesfield with his functional theory. He
knows and he believes that caste must have been created by God, because it is mentioned
in the Vedas which is Shruti or the word
of God. It is therefore eternal and true." (p. 183, BAWS Vol. 5)
"Caste
is born in religion which has consecrated it and made it sacred so that it can
be rightly and truly said that Religion is the Rock on which the Hindus have
built their social structure." (p. 187, ibid)
The above views of Dr. Ambedkar on caste; its origin and
notion leading to discrimination, can be easily comprehended.It is
therefore no surprise to us, for the Ambedkarites that even after migration to UK the caste Hindus have
parcelled the "notion of caste", along with them. This 'notion' of
caste if not nipped in bud will affect not only the half a million Indian diaspora,
but the whole British [and European] society in centuries to come; and caste,
caste-class system shall be the 'order of the future'. This is a warning which
the Europeans must pay heed to. Only "Ambedkarism" offers a solution
to this horrendous and inhumane problem of caste.Further, the UK Government and
British Society must be applauded for its intellectual honesty, and
respect of "human rights" in recognising the 'problem' of "caste-discrimination'.
The Equalities Office of UK commissioned a Report to establish the
extent of such practices of caste discrimination. The report was released in December
2010. This report has established caste discrimination; its origin in Hinduism [as
propounded by Dr. Ambedkar in Annihilation of Caste, and other
writings on Hinduism. See BAWS Vol.1, 3, 4, 5, 18 etc.]; and the need for
"both" discrimination and criminal legislation.
The Key findings of the Report of Equallities Office
are :
*
The term 'caste' is used to identify a number of different concepts, notably, varna
(a Hindu religious caste system),jati (an occupational caste system)
and biraderi (often referred to as a clan system). The examples of caste
discrimination identified related to jati.
*
Caste awareness in Britain in concentrated amongst people with roots in the
Indian subcontinent (who comprise five per cent of the population). It is not
religion specific and is subscribed to by (and affects) members of any or no
religion.
*
The study identified evidence suggesting caste discrimination and harassment of
the type covered by the Equality Act 2010 in relation to :
*
work (bullying, recruitment, promotion, task allocation;
*
provision of services; and * education (pupil on pupil bullying).
*
The study also identified evidence suggesting caste discrimination and harassment
which may fall outside the Equality Act 2010 in relation to voluntary work,
harassment, demanding behaviour and violence.
*
The caste discrimination and harassment identified in this study was by higher
castes against the lowest castes.
*
There is no clear evidence on whether the extent of caste discrimination and harassment
is changing. There are both positive and negative influences at work.
*
To reduce caste discrimination and harassment the Government might take educative
or legislative approaches. Either would be useful in the public sector.
However, non-legislative approaches are less likely to be effective in the private
sector and do not assist those where the authorities themselves are
discriminating. Relying on the Indian community to take action to reduce caste
discrimination and harassment is problematic.
*
Equality Act 2010 provisions on religious discrimination cannot cover caste
discrimination and harassment as effectively as caste-specific provisions would.
Earlier in 2009 a study by the 'Anti-Caste Discrimination
Alliance', with academics from three British Universities found 58% of the
people survey confirming they had been discriminated against because of their
caste. Another study in 2006 by the 'UK Dalit Solidarity Network' went intocaste
prejudices in temples, the work place, politics, health care and education. In
a foreword to the report, Jeremy Corbyn, DSN chairman and MP,
notes that this practise "has been exported to the UK through the Indian
disapora. The same attitudes of superiority, pollution and sacredness appearto
be present in South Asian communities now settled in the UK."
Corbyn told, "I represent a constituency
in Central London where this is much less prevalent unlike in many other places
outside where it is a serious human rights violation, one that it is difficult
to prove unless the legislation is in place."
It is pertinent to note here the forewarning on the caste
problem, given by Dr. B. R. Ambedkar way back in 1916 in Caste In India, a
paper read before the Anthropology Seminar of Dr. A.A.Goldenweizer at The
Columbia University, USA. Dr. Ambedkar forewarned the world community: "The
caste problem is a vast one, both theoretically and practically. Practically,
it is an institution that portends tremendous consequences. It is a local
problem, but one capable of much wider mischief, for "as long as caste in
India does exist, Hindus will hardly intermarry or have any social intercourse
with outsiders; and if Hindus migrate to other regions on earth, Indian caste
would become a world problem." (pp. 5-6, BAWS, Vol. 1)
The conclusion of Dr. Babasaheb Ambedkar on the problem
of caste becoming a World Problem has come true not only in UK but all
those countries where the Indians have migrated. The Indian diaspora, abroad is
divided by caste and related discrimination & deprivations which constitute
the biggest violation of "Human Rights" today. A number of studies
vindicate the stand of Dr.Ambedkar (See, N. Jayaram, Diversities
In the IndianDiaspora - Nature, Implications, Resources, OUP, 2011,New Delhi,
India).
It is pertinent to note here that after the European Convention
on HRs and the Human Rights Act therein, there has been an official recognition
of all sorts of "discrimination" and the legislative, policy measures
required to eliminate it in the European Countries. The Equality Act 2010 is
such an "anti-discrimination" legislation (See My articles on
CJI Kapadia, Issue 25, Oct.to Dec. 2012 and on Equality Opportunity Commission,
Issue 17, Oct. to Dec. 2010CE, BVB http://bahujanvision.org/).
Unabashed
India, Immoral India :Will it accept" caste discrimination" as the
biggest violation of Human Rights?
Where
as the UK Government has initiated steps to deal with "caste discrimination";
the Indian Government has remained immorally irresponsible to legislate on
caste discrimination, which is a violation of Fundamental Rights (FRs) U/A 15,
16(2) 14, 17 & 21 of The Constitution of India and Human Rights (HRs)
ratified U/A 51C by the Indian State therein.
The SC/ST (Prevention of Atrocities) Act 1989 and The Protection
of Civil Rights Act 1955 do not qualify as "antidiscrimination" legislations.
They are at best special criminal legislations to punish certain sort of
criminal acts based on social & cultural bias; but have [no] provision to abolish
the 'caste discrimination' itself, or the "positive measures" to
remedify it. Even the National Commissions of SCs, STs, U/A 338, 338A have not
been empowered by relevant anti-discrimination legislation to have powers of
'civil court' [beyond recommendatory powers], inspite the scope for such a
legislation mandated U/A 338 & 338A 5(f), (8) & (9).
More so, the Human Rights Covenants & Conventions ratified
& acceded to by the Indian State have not been 'notified' U/S 2(f) of The
Protection of Human Rights Act 1993. The NHRC also has not been extended powers
of a Civil Court. The HRs Court u/s 30 have not been constituted in every
District by the State Governments and High Courts making a "travesty of
HRs" itself. Moreover the 2nd & 3rd generation HRs as FRs do not form
part of Fundamental Rights in Part III due to their non incorporation in the
Constitution of India.It will require a major constitutional amendment to do
so.
The above are extremely serious issues which has not only kept caste
discrimination 'alive', but is further 'perpetuating' it as reported by
NCSC, NCST and various reports on socio-economic indicators by GOI. What then
the remedy is? What is the ultimate solution to extirpate caste?
The Solution :
The
remedies for abolishing 'caste-discrimination' in India must focus on :
1.
Declaration of 'Bill of Rights' by a Constitutional Amendment
and incorporating 2nd and 3rd generation social, economic, cultural &
community rights as FRs. Including a 'positive guarantee' of abolition of caste
discrimination like abolition of untouchability, in Part III of The Constitution
of India.
2.
Legislating specific anti-caste discrimination legislations, and
policies to deal with discrimination in education,employment,
entrepreneurship, land,labour, services, assets etc. This must also deal
discrimination in religion & cultural institutions; including outlawing propagation
of caste as an institution, sacred or otherwise, in any form.
3.
Empowering NCSC & NCST with powers of that of a Civil Court,
with their Orders enforceable just like those of Courts or Tribunals;
with an appeal preferred to High Court or Supreme Court.
The
appointment of Chairman and other members must be that of a Judge of a High
Court, Supreme Court with specific representation of SCs, STs,DTs/NTs, OBCs in
Judiciary, the NCSC,NCST, NCHR and other bodies of governance.
4.
Enactment/Amendment to HRs Act 1989 and making HRs
implementation obligatory upon all 'public authorities' (including the Supreme
Court) and 'private entities' therein. The caste- discrimination must be
treated as a violation of HRs within the ambit of Human Rights Act 1993; with clear
civil and criminal remedies.
5.
Enactments of SC/ST/OBC Reservation Implementation Act and SC/ST
Sub-Plan, Planning & Allocation of Resources Act, shall be done for an "effective
implementation" of the provision of reservation and budgetary allocations.
6.
Bringing a more representative political system in place of
political reservations in the present first past the post system (FPPS)
to that of a Proportional Representation System (PRS). Also constituting
a 'Standing Committee' of Parliament on HRs, which shall scrutinise every
legislation and policies for implementation/violation of HRs.7. Implementation
of Retributive Justice, by enacting Reservation in Private Sector and
Equality Opportunity Measures [EOM] in land, labour and capital markets.
8.
A historical compensation as 'Distributive Justice' by
allocation of land, shares and other assets by charging upon the
Hindu religious endowments, and the private entities who have received aid from
the state shall be the most effective remedy.
All the above shall guarantee the abolition of 'caste discrimination'
and bring 'structural changes' in the caste system. But the 'notion' of caste
shall required to be annihilated, as propounded by Babasaheb Ambedkar by
discarding the religion of (a)dharmashastras and embracing the Humanitarian
& Emancipatory "Dhamma" of the Buddha. Nothing else shall do
good !
These
are the 'solutions' we ought to achieve in the days to come, upon the mother of
all problems of India- the caste.
JaiBhim
! Jai Phooley !! Jai PraBuddha Bharat !!!
Abbreviations
:
DT/NTs – Denotified
Tribes/ Nomadic Tribes
FRs - Fundamental
Rights
GOI – Goverment of
India
HRs - Human Rights
OBC- Other Backward
Classes
NHRC – National Human
Rights Commission
NCSC - National
Commission for Scheduled Castes
NCST - National
Commission for Scheduled Tribes
SCs - Scheduled
Castes
STs - Scheduled
Tribes
U/A - Under Article
UK - United Kingdom
U/S - Under Section
By:
Vijay Mankar, National Organiser,AIMBSCS
Source: Bahujan Vision Bulletin (1st April- June 2013 )
Email Id- pcdhrindia@gmail.com
Web site: http://www.aimbscs.org/
We
thanks enlighten peers of House of Lords, UK for once again passing the
legislation to incorporate provisions against caste discrimination in
section(9) of Equality Act 2010. We all appeal to the wise Member Parliament of
House of Commons to vote for incorporation of abolition of caste discrimination
in Equality Act 2010.and do justice not
only to dalits of UK but to save British and European society from being
affected by the worst discrimination and slavery of inhumanity :- the caste.
ALL INDIA MULNIVASI BAHUJAN SAMAJ
CENTRAL SANGH [ AIMBSCS ].
