The Law And Dalits: Rights And Wrongs

Dalits, or 'untouchables', are members of the lowest stratum of the caste system in the Indian subcontinent. Despite laws to protect them, they still face widespread discrimination and human rights violations. They are excluded from the fourfold varna of the caste hierarchy, and are placed at the lowest echelon of society's classes. Dalits are forced to take on the most menial, dirty and dangerous jobs, and are often denied access to basic services such as education, housing, work, healthcare, and justice. They are also vulnerable to violence, sexual assault, and trafficking. Despite the existence of anti-discrimination laws and affirmative action programmes, Dalits continue to face significant barriers to social and economic mobility.

Dalits are the lowest stratum of the caste system in the Indian subcontinent

Dalits are believed to have originated from Brahma's feet and were assigned all the menial jobs. They were segregated from upper-caste Hindus and were not allowed to share water wells or accept food or drink from the Shudras. Inter-caste marriage was also forbidden.

Despite the Indian constitution banning discrimination on the basis of caste, Dalits continue to face prejudice and violence. They are often restricted from entering temples and participating in religious processions. Dalit children are not allowed to sit at the front of the class or play with children from other castes. Dalit women and girls are particularly vulnerable to sexual violence, trafficking, and forced marriage.

Dalits are forced to take up jobs that are considered ''filthy' or 'dishonorable' by higher-caste communities, such as cleaning, manual scavenging, and waste picking. These jobs expose them to a greater risk of contracting diseases, including COVID-19. During the COVID-19 pandemic, Dalits were further segregated and barred from accessing essential services like food and medicine. They were also denied protective gear and were ostracised for their work as sanitation workers.

Despite the challenges they face, some Dalits have risen to hold prestigious positions in India, including B.R. Ambedkar, who authored the Indian constitution, and K.R. Narayanan, who became the nation's first Dalit president.

They are also known as 'untouchables' and are excluded from the fourfold varna of the caste hierarchy

Dalits, commonly known as 'untouchables', are placed at the lowest echelon of society's classes. They are excluded from the fourfold varna of the caste hierarchy and are seen as forming a fifth varna, also known as Panchama. The roots of Dalit oppression go back to the origins of the caste system in Hindu religion. The philosophy of caste is contained in the Manusmriti, a sacred Hindu text dating from the second century BCE.

'Untouchable' outcast communities were forbidden to join in the religious and social life of the community and were confined to menial tasks that were viewed as polluting, such as animal slaughter and leatherworking. Dalits were also excluded from making use of makeshift relief camps and, in some cases, even entering them. They were forced to live near graveyards or garbage dumps, lacking proper sanitation or other facilities.

Dalits are strictly 'ranked' based on their descent and are therefore placed at the lowest rank in society. They are discriminated against and marginalised, and are vulnerable to human rights violations and violence. Dalit women and girls are especially vulnerable to sexual violence, trafficking, and early and forced marriage.

The term 'Dalit' means 'oppressed', 'broken' or 'scattered' in Sanskrit. It was first used in the late 1880s by Jyotirao Phule, a Pune-based social reformer, in the context of the oppression faced by the 'untouchable' castes from other Hindus. The term was popularised by B. R. Ambedkar, an economist, reformer and Dalit himself, who included all depressed people irrespective of their caste into the definition of Dalits.

There are an estimated 260 million Dalits worldwide, with 166.6 million living in India. They predominantly follow Hinduism, with significant populations following Buddhism, Sikhism, Christianity, and Islam.

Dalits are forced to take up jobs such as cleaning, manual scavenging, working at brick kilns and leather-crafting

Dalits, also known as <'untouchables', are forced to take up jobs that are considered 'filthy' or 'dishonourable' by higher-caste communities. These jobs include cleaning, manual scavenging, working at brick kilns, and leather-crafting.

Cleaning and Manual Scavenging

Manual scavenging is a term used mainly in India to refer to the unsafe and manual removal of human excreta from buckets, simple pit latrines, sewers, septic tanks, railway tracks, and gutters. Manual scavengers typically use basic tools such as buckets, brooms, and shovels, and rarely have any personal protective equipment. The occupation of sanitation work is intrinsically linked to the caste system in India, with all kinds of cleaning considered lowly and assigned to people from the lowest rung of the social hierarchy, often the Dalits. The practice of manual scavenging has been prohibited in India since 1993, yet it continues to persist due to its casteist nature and the failure of effective implementation of the law.

Working at Brick Kilns

Dalits often fall victim to debt bondage and endure harsh working conditions at brick kilns. They may take out loans to migrate to brick kilns, only to have these loans controlled by the kiln owners, trapping them in a cycle of debt. Their wages are mostly used to repay these loans, and they are often unable to leave due to the constant accumulation of debt. Their children are also impacted, as they may be held captive to ensure their parents' return to the kiln.

Leather-Crafting

There is limited information specifically on leather-crafting as a forced occupation for Dalits. However, it is mentioned as one of the jobs they are forced to take up, along with cleaning, manual scavenging, and working at brick kilns.

Dalits are often denied access to basic services such as schools, temples and water sources

Despite affirmative action policies, Dalit students in India continue to face discrimination and even suicide in higher education institutions. The transition to higher education is challenging for Dalits, who often lack the necessary economic, social and cultural capital. Even those who gain entry through rigorous entrance examinations face challenges, hostility and discrimination from upper-caste peers, faculty and administration. The caste system is cunningly perpetuated through various means, such as identifying caste based on scholarships awarded or residential location. Dalit students are subjected to derogatory remarks, humiliation and apathy, which impact their self-image and self-esteem.

In the context of temples, despite laws allowing all Hindu castes to enter and worship, Dalits are often denied entry, particularly in rural areas and small village temples. Local customs and caste dynamics remain rigid in these areas, reinforcing social hierarchies and excluding Dalit participation in rituals, festivals and gatherings. Dalits who challenge these norms face violent opposition, social ostracism, threats and vandalism, with little recourse for justice.

The denial of access to basic services for Dalits is a complex issue involving caste, community and politics. It perpetuates a cycle of marginalisation and trauma, requiring a multi-pronged approach to address it effectively.

Dalit children are discriminated against in schools and are forbidden from touching mid-day meals

Dalit children are discriminated against in schools in various ways. They are often segregated and made to sit separately from other students, and are restricted from touching or interacting with children of other castes. They are also given insulting nicknames, such as "Dom" (street sweepers) and are not allowed to serve food to upper-caste children. In some cases, Dalit children are forbidden from touching mid-day meals and are served last, or not at all, if the food runs out. They are also sometimes required to bring their own plates from home.

In addition to these issues, Dalit children often face barriers to accessing education in the first place. Government primary schools in Dalit-majority areas are scarce, and those that do exist often lack adequate staffing and resources, leading to low attendance. Distance can also be a factor, as some government schools are too far away for Dalit children to travel to. Furthermore, Dalit children are often expected to work and contribute to household chores, leaving little time for education.

The discrimination and exclusion faced by Dalit children have profound impacts on their well-being and development. They experience social isolation and are at a higher risk of dropping out of school at an early age. The stigma and trauma associated with their caste affect their educational opportunities and future prospects.

To address these issues, efforts have been made to improve access to education for Dalit children. For example, Community Learning Centres have been established to provide quality education for Dalit children, offering a safe and supportive environment free from discrimination. These centres also serve as hubs for civic activities and promote community engagement among Dalit people. However, despite these initiatives, caste-based discrimination in schools, including the exclusion of Dalit children from mid-day meals, remains a pervasive problem in Indian society.

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