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All of these articles by Dr. Emanual Nahar |
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AMBEDKAERTIMES.COM CONGRATULATES DR. EMMANUEL NAHAR Ambedkaertimes.com congratulates Dr. Emmanuel Nahar (Department Political Science DCS Panjab University Chandigarh) on being nominated by the Chancellor of Panjab University, the Hon'ble Vice President of India, to the Senate of the Panjab University , the governing body of the university, for a period of four years 2009-12. |
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Dr. Emanual Nahar Dalits throughout India also suffer in many instances form de-facto disenfranchisement. While India remains the world’s largest democracy for many of its Dalit Citizens, democracy has been Sham. During the elections, many are routinely threatened and beaten by political party, landlord, upper caste in order to compel them to vote for certain candidates. They already under the thumbed of local landlords and police officials, Dalit villagers who do not comply has been harassed, beaten and murdered. Human Rights were solemnly proclaimed as universal by the United Nations on December 10, 1948. Today, a large number of countries have joined the international body and accepted this declaration as the varitable Magna Carta.. The concept of human rights is though as old as the ancient doctrine of natural rights founded on natural law, the expression human is of recent origin. It is only natural rights, which eventually lead to the formation of human rights. Human rights are those minimum rights, which every individual must have against state or other public authority by virtues of his being a member of human family, irrespective of any other consideration. In the language of United Nations commission for Human Rights. Human rights could be generally defined as those rights which are inherent in our nature and without which, we cannot live as human beings. 1 Former chairperson, Human Right Commission Justice Venkatchaliya has defined: Human Rights in there own nature and without we cannot live as human beings. An importance of Human Rights has increased. Piano and Oltan have stated that human rights are those rights which are considered to be absolutely essential for the survival, existence and personality development of a human being. 2 Human Rights are mans to a greater social end, and it is the leged system that tells us at any given point in time, which rights are considered most fundamental in society. Even if human rights are thought to be inalienable, a moral attribute of person that the state cannot contravene the rights still have to be identified. It means it has to be constructed and codified in the leged system. The subject of human right is, therefore, of Universal concern, cutting across Ideological, Political and cultural boundaries. These rights are essential for the full development of the human personalities and for human happiness. The concept of human rights has been regarded as the backbone of democracy in the modern world. The Both nationally and internationally and almost all over the world, human rights have now become a live issue and hallmark of present civilization. The foundational norm governing the concept of Human Rights is that of respect for human personality and its absolute worth, regardless of colour, race, sex and religion or other consideration. Today, Human Rights are internationally agreed values, standards or rules, regulating the conduct of states towards their own citizens and towards non-citizens. (i) The aim of a Universal System of human rights is to revise and restore human dignity in all societies (ii) To create human personality (iii) To abolish discrimination (iv) To create congenial type of conditions of life (v) To make reasonable opportunities for the full development. The real significance of the declaration lay in the push it give to the movement of Human Rights in the positive direction. IIThe Universal Declaration Human Rights (December, 1992) sets out 30 Articles and divided into two kinds. The first refer to Civil and Political rights and the second are economic, social and cultural rights. Article 1 and 2 of the declaration states that all human beings specially dalits are born equal in dignity and rights are entitled in the declaration without distinction of any kind such as race, colour, sex, religion. 3 Inspite of this, the dalits and minorities in India as such do not enjoy rights in the Declaration. Article 3 of the UDHR states "; Everyone has the right to life, liberty and security of person." This has been reiterated by Article of the International Conneaut on Civil and Political Rights adopted on December 16, 1966 and entered into force on March 23, 1976 . Every human being has the inherent right to life. The rights shall be protected by law. No one shall be arbitrarily deprived of the life. Similarly, Article 21 of the Constitution of India (COI) provides for the protection of life and personal liberty "No person shall be deprived his life or personal liberty except according to procedure established by Law". 4 Article 7 of UDHR states "All are equal before the law are entitled without any discrimination to equal protection of the law, and one the other side, one can compare this with article 14 of the COl" the state shall not deny to any person equality before the law of the equal protection of laws within -the territory of India. Some other principles underlying the provisions of two major UN declarations find an echo in the COl. First, Article 18 of the UDHR states " Everyone has the right to freedom of thought, conscience and religion. This right includes freedom to change his religion or belief and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance. Secondly, Article 1 of the Declaration of the Elimination of all forms of intolerance and of Discrimination (DEID) on religion or belief, adopted by the UN General Assembly on November 25, 1981 , states; Everyone shall have the right to freedom of thought, conscience and religion. In tune with this spirit, Article 25 of the CO! provides for freedom of conscience and free profession, practice and propagation of religion. 5 III The present world Schedule scenario has witnessed a dramatic rise in the violation of human rights all over the globe and India is no exception. The human rights violation of Dalits is one of major problems of this country. In the last 59 years of India ’s independence the Dalits in India have been targeted. They are denied access to land forced to work in degrading conditions, and routinely abused at the hands of the police and upper caste community members who enjoy the state’s protection. Caste motivated, rapes and other abused are a daily occurrence in India . Between 2001 to 2002 close to 50,000 cases were registered under the SCs/STs prevention of Atrocities Act. The dailt oppressed socio-economically, politically, religiously, culturally and they are also known as Schedule Caste, Schedule Caste tribes, Dasyas, Avarnas, untouchables, Harijans, Girigans, Dasas, etc. discrimination against them in all pervading and has religious sanction. The Indian Constituent guarantees to all citizens, the fundamental rights and the equal protection of the laws. It provides a number of safeguards to dalits to ensure their all round development and protection against all kinds of exploitation the daltis in India . But most of the provisions of the constitution have remained only on paper because their implementation has been faulty half hearted and inadequate and inequality, discrimination, exclusion and stigmatization can jointly contribute to the utter maraginalisation of scavengers in India . No doubt, dalits were never given any human rights or treated with dignity, hence cannot be restored to them as such. 6 Dalits are one of the marginalized and neglected section of the Indian society who continue to suffer from utter violation of their human rights even today. The constitution of India promises to protect SCs/STs form social injustice and all forms of exploitation. But the state has not been able to protect them. Even Article 1 of the universal declaration of Human Rights states: “ All human beings one born free and equal in dignity and rights. But caste system of India gives different status to different persons on the basis of caste, no one is free from the stigma of caste. Dalits are slaves by birth.” The report of the National Commission for SCs/STs issued in 1997 highlighted that untouchables, the imposition of social disabilities on persons by reason of their birth in certain castes was still practiced in many forms throughout the country. The report described caste based discrimination:
Even the UNO Committee on Elimination of Racial Discrimination has observed in its Indian report that India has failed to protect its marginalized people, the Untouchable and the tribals. Even state has failed to punish the faulty. As per the constitutional provisions a number of measures both protective as well as the constitution of India has abolished ‘Untouchability’ and its practice in any form has been strictly forbidden. Latter, the Parliament enacted Untouchability (offences) Act 1955 to give effect to Art. 17 make it more stringent. It could be seen that some change has occurred. The practice of Untouchability was relatively less in the political sphere but its magnitude was still very high in access to the village temple, religious community events, high caste water (public) taps, water tank and in international social relations. The Act 1955 was amended in 1976 and was renamed as the Protection of Civil Rights Act. 1955, but this Act, along with the normal provision of the Indian Penal Code had been found to be inadequate in providing safeguards to the Schedule Caste against several crimes. Thus, yet another Act, known as the Schedule Caste Prevention of Atrocities Act 1989 was also passed by the Indian Parliament. In addition in pursuance of the constitution 65 th Amendment Act, 1990 a National Commission for dalits was constituted with wide functions and powers of civil courts to take up matters which are of vital importance for socio-economic developments of the dalits. In spite of these provisions the dalits are facing many problems. National Commission of SCs/STs from the state government/UT statement showing offence and maximum atrocities in UP, MP, Rajasthan and Gujarat (in 1993-1997) National Commission SCs/Sts Report from 1993-1997 7
The atrocities on them are increasing day by day 8 and Dalits have been massacred by the upper caste after the independence of India there are a large number of private Senas which are engaged in these humans massacres of Dalits in Indian Society.
The rising trend of crime against dalits in reflected in the fact that in 1981, recorded cases of murder, rape, arson and other offences. These increased figures of nation crimes and atrocities have been doubled at present time. Even there are thousands of such cases which either are not reported or hushed up at local level. IV Article 23 of Col and Article 4 of the UDHR states that every one has the right to life, liberty and the security of person and no one shall be held in slavery or servitude. But the basic human rights is being grossly violated in India . 20 lacs bounded labours in India , dalits from a sizeable number and they are bounded against debt. Although bounded labour has been legally abolished under the bounded labour system Act 1976, but it still exists in India . The first systematic survey of bounded labour was carried by the Gandhi Peace Foundation and the National Labour Institute in 1978. 9
Compulsion of marriage within the caste alone violation of Article 16 of UDHR which states that marriage shall be entered into only with the free and full consent of the intending spouses and without any limitation due to race and nationality. The dalits have no such freedom in selecting their spouse and anyone who dares to so is killed. Mr. Gurcharn Singh, a dalit who married a Jat girl Jasbir Kaur was brutally murdered by her brother on November 29, 1999 at Chandigarh. 10 Another case, a upper caste woman of Barnala married with Schedule Caste NRI. But police registered the case against Schedule Caste and harassed in 2005. Article 6 of COI & Article 7 of UDHR States “ All are equal before the law are entitled without any discrimination to equal protection of the law, and one the other side, one can compare this with article 14 of the COI, the state shall not deny to any person equality before the law equal protection of laws within the territory of India. Some other principles underlying. The provisions of two major UN declarations find an echo in he COI. First, Article 18 of UDHR states” Every one has the right to freedom of thought, conscience and religion and freedom to manifest his religion or belief in teaching, practice, worship and observance is being violated in case of dalits. The caste system doesn’t allow them to become priests, to enter temples and read to religious books. The conversion of dalits into Christianity invites untold atrocities from caste Hindus and there have been numerous cases where the Christian priests, and the dalits have been harassed and killed in various parts of India . In Article 23 (1) right to work, Article 23(11). Right to equal pay, and Article 26 right to education of UDHR find place in Indian Constitution under Article 41 Article 39(1) and Article 45. This basic human right is also being violated as far as daltis are concerned. The Indian caste system forces them to do only lower.-Jobs and their abilities and talents are just ignored. The reality is that the dalits are still denied their basic human rights and their legitimate development. In south India , thousand of dalits girls are forced to become Devedasis. A profile of dalits in India shows Report of SCs/STs Commission (1994-96) Govt. of India New Delhi 11 According to this report their percentage of literacy 37.44% is far below that of the national average (52.21%) in the 1991 census.
Dalits throughout India also suffer in many instances form de-facto disenfranchisement. While India remains the world’s largest democracy for many of its Dalit Citizens, democracy has been Sham. During the elections, many are routinely threatened and beaten by political party, landlord, upper caste in order to compel them to vote for certain candidates. They already under the thumbed of local landlords and police officials, Dalit villagers who do not comply has been harassed, beaten and murdered. 12 V A group was set up (in 1996) by central government to tackle all the problems, which recommend that:- 13
The basic rights of Dalits are violated frequently in the country. Under these circumstances there is great need to change the mind set of upper class and to create for societal movement to ensure that the basic human rights. There is also need to educate and create awareness among the Dalits regarding human Rights. This kind of approach may yield for reaching result in the course of time. Apart form the above suggestion that there are provisions of reservation and representation political (reservation) in various bodies, reservation in government services admission to educational institutions and several other areas) to the dalit community in order to improve their access and participation in the economic, social and political spheres, which come under the category of promotional or development measures. To ensure dignity and self-respect to Dalits there is need to launch a democratic movement far and wide in India against the forces of status-quo and discriminations, while on the other hand there has to be global concern for human rights and action against age old practice of untouchbility and graded inequalities is required. --------------------------------- REFERENCES:-
* Dr. Emanual Nahar, Deptt. of Pol.Science , DCS, Panjab University Chandigarh . Posted on October 26, 2008 |
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