Caste Based Discrimination in the enjoyment of Fundamental Rights: A Critical Review of the present status of Dalit’s in India

Sailajananda Saikia

Abstract


Under-educated, severely impoverished, and brutally exploited, Dalits struggle to provide for even their most basic daily needs. Dalits must also endure daily threats to their physical security from both state and private actors. The violence by upper-caste groups against Dalits have two major causes: the “untouchability” and discrimination upper-caste community members practice on a daily basis and the desire of upper-caste community members to protect their own entrenched status by preventing Dalit development and the fulfillment of Dalits’ rights. A review of the political, social, economic, and cultural status of Dalits in India shows the State Party to be in violation of its obligation to respect, protect, and ensure Convention rights to all individuals in its jurisdiction. India routinely denies Dalits the rights and privileges that many of its other citizens take for granted. An attempt has been made in this paper to high light the issues and problems of India as a country that has failed in its duty to eliminate caste discrimination and ensure the full enjoyment of the fundamental rights and equality before the law of Dalits guaranteed by Article 5. A review of the political, social, economic, and cultural status of Dalits in India shows the State Party to be in violation of its obligation to respect, protect, and ensure Convention rights to all individuals in its jurisdiction.


Keywords


Untouchability; discrimination; right to equal treatment; Inequality

Full Text:

PDF

References


AHRC – The State of Human Rights in India 2012: http://www.humanrights.asia/resources/hrreport/2012/ahrc-spr-005-2012.pdf/view

Divakar, Paul N. 2004. Post-Durban Reflections: Color Line-Caste Line. In Caste, Race and Discrimination: Discourses in International Context, edited by S. Thorat and Umakant. New Delhi: Indian Institute of Dalit Studies and Rowat Publications.

De Haan and Arjun (2005). ‘Social Policy: Towards Inclusive Institutions’, University of Guelph and Department for International Development, UK. Paper at the World Bank Conference ‘New Frontiers of Social Policy; Development in a Globalizing World’: December 12–15, 2005.

Draft principles and guidelines on the effective elimination of discrimination based on work and descent, para. 2 (A/HRC/11/CRP.3)

GAIL OMVEDT, DALIT AND THE DEMOCRATIC REVOLUTION 9 (7th ed. 2007).

Gupta, Dipankar. 2004. Caste, Race, Politics. In Caste, Race and Discrimination: Discourses in International Context, edited by S. Thorat and Umakant. New Delhi: Indian Institute of Dalit Studies and Rawat Publications.

Human Rights Watch. 2001. Caste-Based Discrimination: A Global Concern. New York: Human Rights Watch.

Human Rights Watch, and CHRGJ. 2007. Hidden Apartheid: Caste Discrimination Against India’s ‘Untouchables’. New York, New York: Centre for Human Rights and Global Justice (CHRGJ), New York University School of Law and Human Rights Watch.

IDSN. 2007. IDSN International Dalit Solidarity Network Annual Report 2006. Copenhagen: IDSN.

IDSN. 2009. International Dalit Solidarity Network Annual Report 2008. Copenhagen: International Dalit Solidarity Network.

Joshi, Barbara, ed. 1986. Untouchable! : Voices of the Dalit liberation movement. London: Zed.

Keane, David. 2005. Descent-based Discrimination in International Law: A Legal History. International Journal on Minority and Group Rights 11:93-116.

Keane, David. 2007. Caste-based discrimination in international human rights law. Aldershot: Ashgate Publishing.

Lerche, Jens. 2008. Transnational Advocacy Networks and Affirmative Action for Dalits in India. Development and Change 39 (2):239-261.

Louis, Prakash. 2003. The political sociology of Dalit assertion. New Delhi: Gyan Pub. House.

Macwan, Martin. 2004. (UN) Touchables in Durban. In Caste, Race and Discrimination: Discourses in International Context, edited by S. Thorat and Umakant. New Delhi: Indian Institute of Dalit Studies.

Mehrotra, Santosh (2006). The Economics of Elementary Education in India: The Challenge of Public Finance, Private Provision and Household Cost. Sage Publications India Pvt. Ltd., New Delhi. p. 1.

Narula, Smita. 1999. Broken People: Caste Violence Against India’s “Untouchables”. New York: Human Rights Watch.

Shah, Ghanshyam. 2001. Dalit identity and politics, Cultural subordination and the Dalit challenge; vol. 2. New Delhi, London: Sage Publications.

Sheth, D.L. (2004). ‘Caste, Ethnicity and Exclusion in South Asia: The Role of Affirmative Action Policies in Building Inclusive Societies’, UN/HRD 2004 Regional Paper, Islamabad. p. 3.

Sikkink, Kathryn. 2004. Patterns of Dynamic Multilevel Governance and the Insider-Outsider Coalition. In Transnational Protest and Global Activism, edited by D. Della Porta and S. G. Tarrow. New York: Rowman and Littlefield.

Smith, Peter Jay. 2007. The Dalit Movement: Going Global Against Casteism and in Defence of Dalit Human Rights. In International Studies Association 48th Annual Convention. Chicago, USA.

Thorat, Sukadeo, and Umakant, eds. 2004. Caste, Race and Discrimination: Discourses in International Context. New Delhi: Indian Institute of Dalit Studies and Rawat Publications.

Thornberry, Patrick. 2004. Race, Descent and Caste under the Convention on the Elimination of All Forms of Racial Discrimination. Peoples for Human Rights 9 (October):119-137.

Visvanathan, Shiv. 2004. Durban and Dalit Discourse. In Caste, Race and Discrimination: Discourses in International Context, edited by S. Thorat and Umakant. New Delhi: Indian Institute of Dalit Studies and Rawat Publications.






Copyright (c) 2014 Sailajananda Saikia

Creative Commons License
This work is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License.

Publisher

EduPedia Publications Pvt Ltd, D-351, Prem Nagar-2, Suleman Nagar, Kirari, Nagloi, New Delhi PIN-Code 110086, India Through Phone Call us now: +919958037887 or +919557022047

All published Articles are Open Access at https://edupediapublications.org/journals/


Paper submission: editor@edupediapublications.com or edupediapublications@gmail.com

Editor-in-Chief       editor@edupediapublications.com

Mobile:                  +919557022047 & +919958037887

Websites   https://edupediapublications.org/journals/.

Journals Maintained and Hosted by

EduPedia Publications (P) Ltd in Association with Other Institutional Partners

http://edupediapublications.org/

Pen2Print and IJR are registered trademark of the Edupedia Publications Pvt Ltd.