WarCrimes,Genocide,&CrimesagainstHumanity Volume4(2010):99140

Dalits,theOppressedPeopleofIndia:HowareTheir Social,Economic,andHumanRightsAddressed?* ______________________________________________________ SeshaKethineni,Ph.D.

IllinoisStateUniversity

GailDianeHumiston
IllinoisStateUniversity

Abstract Thispaperdescribesthehistoricalandcurrent plight of Dalits in India, including the social andeconomicchallengestheyface.Itprovides specific examples of violations against the Dalits of India. Next, it reviews economic, social, and cultural rights in general and how theyareapplicabletoDalits.Fourth,itlooksat Indias efforts to fulfill its commitment to human rights. Fifth, it examines Indias implementation and enforcement of Dalits rights. Finally, it discusses various recommendations made by human rights organizationsandscholars.
SeshaKethineniisaprofessorofcriminaljusticeatIllinoisState University.Herresearchhaslargelyfocusedondomesticviolence, comparativejuvenilejustice,internationaldrugpolices,juvenilejustice, humanrightsissues,andfemaleoffendersinIndia.Herrecentworks

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Introduction The Dalits (also known as Untouchables, Harijans, or Scheduled Castes) have historically been poor, deprived of basic human rights, and treated as social inferiors in India. They still face economic, social, cultural, and political discrimination in the name of caste. Centuries of this hidden apartheid that has perpetuated discrimination and denialoftheirhumanrights,hasresultednotonlyinDalits representingadisproportionateamountofthepoorinIndia, but also in the creation of numerous other obstacles that hinder Dalits ability to change their situation (Artis, Doobay,&Lyons,2003,p.9). Gandhi first recognized the Dalits struggles and brought them to the attention of the Indian national

includehomicideoffendinginIndia,dueprocessrightsofjuvenilesin India,juvenilejusticemodels,victimandoffendercharacteristicsand protectiveordersindomesticviolencecasesintheUnitedStates,and youthonparentbattering.GailHumistonisadoctoralstudentinthe CollegeofHealthandPublicAffairs,CriminalJusticetrack,atthe UniversityofCentralFlorida.Herresearchinterestsincludecorrections, victimology,juvenilejustice,humanrights,comparativejustice,social inequalitiesandcrime,genderandpolicing,evaluativeresearch methods,anddomesticviolence.Directquestionsandcommentsonthis articletoDr.SeshaKethineni,Professor,DepartmentofCriminalJustice Sciences,IllinoisStateUniversity,Normal,IL617905250, skethine@ilstu.edu.

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government in the 1930s. The concern for Dalits led to a more radical movement headed by Dr. B. R. Ambedkar. Gandhi viewed the Dalits problem as a social one, whereas Dr. Ambedkar saw it as a political and economic problem created by upper castes. When Dr. Ambedkar became the first law minister, he created progressive legal reforms and incorporated these reforms into the Constitution(Prashad,2001). In order to understand the Dalits position in Indian society,itisimportanttounderstandthecastesystem(varna vyavastha). The caste system, which has dominated Indian societyforover3,000years,wasdevelopedbytheBrahmins (Hindu priests) to maintain their superiority over the less educated and less skilled. Over time, the caste system was formalized into four distinct classes (varnas). At the top of thehierarchyaretheBrahmins,whoareconsideredarbiters inmattersoflearning,teaching,andreligion.Nextinlineare the Kshatriyas, who are warriors and administrators. The third category is Vaisyas, who belong to the artisan and commercial class. Finally, the Sudras (Backward Caste) are farmers and peasants. These four castes are socially and religiously important because they are said to have divine originationthey came from different parts of the Hindu godBrahma,thecreator.TheBrahminscamefromthemouth of Brahma, the Kshatriyas from his arms, the Vaisyas from his thighs, and Sudras from his feet (Izzo, 2005; National CampaignonDalitsHumanRights[NCDHR],n.d.a). Beneaththefourclasses,thereisafifthgroup,which isnotincludedaspartofthecastesystem.Individualsfrom thisgroupareliterallyuntouchablefortherestofthecastes.

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The Dalits (broken people) compose this untouchable society. The term broken has meant oppression for many radical Dalits who have used the term in their struggle for liberation. Gandhian liberals referred them as Harijans (childrenofgod)andtheGovernmentofIndiaofficiallycalls themScheduledCastes.Scheduledmeanstheyareona government schedule that entitles them to certain protectionsandaffirmativeactions(Prashad,2001). For centuries, Dalits were not treated as part of the mainstream Indian society, and they were traditionally assignedmenialanddegradingjobs(NCDHR,n.d.a.,p.3). Some traditional roles, such as removing dead animals or playing drums at religious ceremonies, are expected to be carriedoutwithoutcompensation.Despiteprotectionsinthe Indian Constitution (see Articles 39, 41, and 16 [sections 2 and 4]), attempts by Dalits to be treated fairly in the workplace are often countered by violence and social or economic boycotts by the other castes (Human Rights Watch,2003). Although the concept of untouchability was made illegal after India gained independence in 1947, the persecutionand alienation of the Dalits hasnot stopped. In fact,itisreportedtobeatanalltimehigh.Entirevillagesin manyIndianstatesaresegregatedbycastewiththeintentto keep Dalits away from higher castes. For example, it is common in many rural areas to have a designated area called Dalit Street, which is the only place Dalits are allowed to live (Artis et al., 2003). Dalits typically live in locations more distant from village roads, an indication of segregationandareminderoftheiruntouchability.

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Dalits are not allowed to fetch water from the same wells used by higher castes, visit the same temples, drink from the same cup at local tea shops, or claim land that is legally theirs. Dalit children who attend school must sit in the back of the classrooms. Moreover, the villages where Dalitslivehavelimitedornoaccesstopublictransportation, health care, or educational, political, or legal institutions (HumanRightsWatch,1999). ExistingConditionsofDalits Dalits make up approximately 170 million of Indias billion people (Minority Rights Group International, 2006). Manyareagriculturallaborers.Theyhavealimitedsharein Indiasagriculturalholdingsandanevenmorelimitedshare in its irrigated land holdings. Most of them are merely agrestic(rural)slavesorserfs...orcropsharingtenantsat will who were not placed onofficialrecords untilrecently (Neelima,2002,p.123). Education. It is often argued that the quality of education in public schools is inadequate compared to private schools. Thepoorqualityofeducation,especiallyinruralareas,can be attributed to inadequate infrastructure, lack of accountability of teachers to local community (teachers salaries are controlled by the state), and inadequate work conditionsofteachers(teachersareoftencompelledtoteach

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morethanonegradeatatime).OfallIndianchildren,Dalit children suffer the most. For example, school attendance in 19981999was65.7%forScheduledCastechildrenage717, compared to 81.3% for high caste children (Jenkins & Barr, 2006). Furthermore, the completion rate of five years of schooling for Scheduled Caste from 20022004 was 34%, comparedto44%forhighercastes(Jenkins&Barr,2006). EmploymentOpportunities. Although outlawed, approximately twothirds of bonded laborers (debt servitude or forced labor) belong to Dalits.Ofthe40millionbondedlaborersinIndia,15million are children (Human Rights Watch, 1999). Bonded labor is the traditional expectation of free labor or inadequate compensation for work. Because they are unable to afford basic necessities, such as health care, Dalits often become indebted to employers after accepting loans which they are unable to repay due to insufficient wages (Human Rights Watch, 2007b; Larson, 2004). The forced occupation of bondedlaborwasabolishedbyArticle23oftheConstitution andtheBondedLabour(System)AbolitionActof1976,but the practice continues. According to the Act, all bonded laborers were to be released and rehabilitated, and their debtsweretobecancelled(NCDHR,2006). Womenandchildrenareprimarilyengagedincivic sanitationwork (i.e.,manualscavenging, eventhoughthis has been outlawed), followed by leather fraying in tanning and footwear manufacturing; many Dalit men are agricultural workers. Of the 1.3 million Dalits employed as

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manual scavengers, most of these are women Dalits whose duty is to clear human excrement from dry pit latrines. In many villages, Dalits are lowered into manholes without protectiontoclearblockedsewers,whichhasresultedinthe death of over 100 Dalits each year from the inhalation of toxic gases or drowning in fecal matter and urine (Human Rights Watch, 2007b). Those who engage in scavenging are seenasthelowestoftheDalits,beingdiscriminatedagainst within their own caste (Human Rights Watch, 1999). Moreover, entrepreneurial opportunities are extremely limitedforDalitsastheylackbothcapitalandthecollateral tosecureloans.Eveniftheyaresuccessfulinopeningsmall businesses, nonDalits will not patronize those shops (Artis etal.,2003). Migration. Dalitsoftenmigrateinsearchofwork.Althoughpoor nonDalits migrate in search of employment, Dalits are much more afflicted by migration. The main cause of this migration is lack of land ownership, exacerbated by droughts. The majority of Dalit in rural areas have no financial recourses, such as loans, to survive economic hardships(Fernando,Macwan,&Ramanathan,2004). SpecificInstancesofAbuse Neelima (2002) has listed four primary causes of atrocitiesagainstDalits:Landdisputes,lackofcivicfacilities,

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untouchabilityrelated crimes, and selfassertion. Of these, landisthemostimportant. LandDisputes. Thesedisputesrelatetolandredistribution,allotment of housing sites by the government, cultivable land, irrigation rights, and land alienation (e.g., land grabbing). For example, Dalits lose their land in acquisition or to irrigation projects under the garb of development. Use of common pasture and farming in community lands in the villages have also led to disputes between highercaste landlordsandDalits.Mostoften,thepowerfuluppercastes encroach upon Dalits lands and resistance is met with violence. About 75% of Dalits are considered completely landless (Human Rights Watch, 2007b). Some examples: In 2003, 7,000 Dalits were forcedfrom their homes in Calcutta so that plans for beautification and development could be undertaken. Bulldozers, fire brigades, ambulances, and a 500man Rapid Action Force entered the community, and demolished hundreds of houses, temples, statues, and a school. Seven hundred families were with nowhere to live (The International Secretariat of the World Organization against Torture, 2003). In 2007, violence erupted in Nandigram when efforts were made to impose an unjust land acquisition law on Dalits. Although accounts varied, police records confirmed the deaths of 14 people and the gang rape of three women as a result of the action (India Together,2007).

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LackofCivicFacilities. Atrocities pertaining to civic facilities are frequently related to lack of essential facilities or limited access to facilities in Dalit localities. For example, in central state of MadhyaPradeshanentirevillagewassetonfirebyamobof 300 people, resulting in the death of 3 Dalits. This incident wasprovokedbytheinstallationofanewhandpumpfora waterstarved Dalit village. In the southern states of Tamil Nadu and Andhra Pradesh, the dead bodies of two aged women were held on the pathway because of disputes regarding access to the segregated Dalit burial ground (Neelima, 2002). Only 9.84% of households belonging to a Scheduled Caste have access to sanitation, and 20% lack a safesourceofdrinkingwater(HumanRightsWatch,2007b). TheDalitRightsMovement. InresponsetoIndiasfailuretoprovideeconomicand social rights, young Dalitsinthelate 1960s tookinspiration from the Black Panther movement in the United States and the resurgent militant leftwing uprising in India. By 1972, the Dalit Panthers emerged as a militant political organization whose demands included land distribution, increased wages, free education, and an end to economic corruption. Unable to secure wide support at that time, the Dalit Panthers could not make a mark on the national politicalscene. A more recent Dalit political party that emerged on thenationalfrontistheBahujanSamajParty(BSP).TheBSP,

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unlikepreviousDalitrightsorganizations,iswellorganized and committed to protecting the rights of Dalits. However, their efforts have shown minimal success. Dalits are still victimsofhumanrightsviolations. Concerned about Dalits plight in India and Blacks struggle in other countries, activists want to make a connection between caste and race. Afrocentrics and Dalitocentrics claim that Dalits are Negritos who suffered oppressioninthehandsofAryans,muchlikeBlacksinthe United States. Others contend that, unlike Blacks in the United States and South Africa, Dalits generally are not distinguishablefromotherIndians.Dalitsfaceapartheidlike conditions determined by occupation and descent, not by appearance (Prashad, 2001). Furthermore, the agenda of social justice is not identical, since the social context of the fightsareseparate;wherethehumanrightsagendaofcivic justice may be more important in one context, the fight for land rights may be central in the other (p. 13.) The similarityistheyallhavefacedsomeformofoppressionat thehandsofapowerfulupperclass. From1980to1996,Dalitsgainedthesupportofsmall nongovernmental organizations (NGOs), such as the Chennai (Madras)based Dalit Liberation Education Trust and the Volunteer in Service to Indias Oppressed and Neglected, but they were unable to garner assistance from larger NGOs, the United Nations, or other international organizations until 1996. Dalit advocates finally gained international attention in 1996 when the UN Committee on the Elimination of Racial Discrimination (CERD) criticized India for its lack of protection of Dalit human rights. The

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InternationalConventionontheEliminationofAllFormsof Racial Discrimination of 1965 (ICERD), (which was ratified byIndiain1968)definesracialdiscriminationas: any distinction, exclusion, restriction or preference based on race, colour, descent, or nationalorethnicoriginwhichhasthepurpose or effect of nullifying or impairing the recognition,enjoymentorexercise,onanequal footing, of human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life (Bob, 2007,p.177). The CERDs scrutiny of Indias treatment of Dalits attracted the attention of Human Rights Watch, and Dalit activist organizations became more organized. Human RightsWatchbeganpreparingitsmajorreportBrokenPeople in 1997, which received widespread attention from the media following publication in 1999. The National CampaignonDalitHumanRights(NCDHR)wascreatedin 1998tolinkdozensofDalitsrightsgroupsfrom14statesin India 1 . In 2000, the International Dalit Solidarity Network (IDSN)wasformedtoshareinformationontheinternational level.TheUNHumanRightsCommissionsSubcommission forthePromotionandProtectionofHumanRightsenacteda
1

NCDHRcurrentlyhaschaptersin14states:Bihar,Delhi,Gujarat, Haryana,HimachalPradesh,Karnataka,Kerala,MadhyaPradesh, Maharashtra,Orissa,Pondicherry,Punjab,Rajasthan,andUttarPradesh.

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resolution forbidding discrimination on the basis of work and descent. In 2001, the Goonesekere Report incited international debate by closely examining worldwide discrimination based on work and descent and how the custom infringes on international human rights laws. Dalit activism has benefited from international deliberations as the argument of discrimination has shifted away from the religion of Hinduism and its caste system and toward discrimination on the basis of work and descent (Bob, 2007). Economic,Social,andCulturalRights Dalits claim that their economic, social, and cultural (ESC) rights, as well as their civil and political rights, have been violated by the government and its entities for centuries.Theyarguethatthegovernmentshouldrecognize and enforce ESC rights. Furthermore, they contend that violationsshouldbepunished. ESC, civil, and political rights are internationally recognized human rights. For example, ESC rights are recognized in the Universal Declaration of Human Rights (1948) and the International Covenant of Economic, Social andCulturalRights(ICESCR,1966).Articles121recognize what are commonly considered civil and political rights, suchasrightstolife,liberty,andproperty.Theserightswere drawn from liberal constitutions, primarily those of the UnitedStatesandEuropeannations.Later,theInternational Covenant on Civil and Political Rights (ICCPR) added

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provisions relating to the right of people to self determination and to the sovereignty over their natural wealthandresources. EmpiricalConceptualizationofESCRights International attention to descentbased discrimination extended the empirical discussion of the conceptualization and measurement of the human rights indicators of economic, social, and cultural rights. For empirical purposes, the primary elements of ESC rights impart a duty on the government to respect, protect, and fulfillcitizensrightstofood,housing,health,education,and work,ifthegovernmenthastheresourcesavailabletofulfill basicneeds.Therighttofoodincludessustainableaccessto safefoodandinformationregardingnutrition(Green,2001). Selfadministration of land and natural resources also falls withintherealmofadequatefood(Hansen,2000).Theright to housing includes access to adequate housing, along with rights to security and privacy. The health indicator encompasses access to health care; individual control over healthcare choices, including reproductive freedom and freedom from torture; and issues of underlying determinants, such as clean water, sanitation, healthy workplaceenvironments,andinformationregardinghealth. Citizensshouldhavetherighttoeducation,whichincludes free and compulsory primary education, the right to make individual choices, and the right to establish schools and teach. Finally, the right to work includes freedom from forced labor, labor union rights, adequate working

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conditionsandleisure,andtherighttofairwagesandequal compensation(Green,2001). IndividualversusCollectiveRights The international community has grappled with the issue of collective (i.e., group) rights. The International Human Rights Movement and the international law of human rights address only individual rights. For example, theUniversalDeclaration(Article20)statesthateveryoneis entitled to freedom of peaceful assembly and associations, butdoesnotdefineassociation.Likewise,Article18ofthe Declaration recognizes the freedom of everyone to practice theirownreligion,eitherasanindividualorinacommunity withothers.TheArticle,however,doesnotdescriberightsof religiouscommunities. The Optional Protocol to the ICCPR, the Convention on the Elimination of All Forms of Racial Discrimination, andtheEuropeanandtheAmericanConventionsonHuman Rights provide certain remedies for individuals. For example, individuals can report to an international treaty body(e.g.,theHumanRightsCommitteeestablishedbythe ICCPR,ortheCommitteeAgainstTortureestablishedbythe Torture Convention) (Henkin, Neuman, Orentlicher, & Leebron,1999).Morerecently,theliteratureonhumanrights has addressed collective rights after outbreak of ethnic hostilities and genocide in the former nation of Yugoslavia (Henkinetal.,1999).Moreover,continuedethnicfightingin theformer Soviet UnionandSri Lanka, religious conflict in India between Hindus and Muslims, and tribal animosities

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in Africa have also brought about discussion of minority issuesininternationalforums. IndiasEffortstoFulfillItsCommitmenttoHumanRights ToovercomehistoricaldiscriminationofDalits,India has taken several steps to prohibit the practice of untouchability. These steps include constitutional guarantees,legislativeenactments,andpolicymeasures. ConstitutionalProvisions The Indian Constitution, in its Bill of Rights, guarantees all citizens basic civil and political rights and fundamental freedoms. In addition, the Constitution has specialprovisionsprohibitingdiscriminationbasedoncaste. These provisions are found under the Right to Equality (Articles 15, 16, and 17), the Right Against Exploitation (Article 23), Cultural and Educational Rights (Article 29:2), and prohibition against disenfranchisement in elections basedononesreligion,race,casteorsex(Article325). Articles 330 and 333 permit Union and state legislatures to reserve seats for members of the Scheduled CastesandScheduledTribes(indigenouspeopleoradivasis) based on their population in each constituency. Article 338 mandates the creation of a National Commission for Scheduled Castes and Scheduled Tribes to monitor safeguards provided to them. Finally, Article 341 makes possible the governmental identification of different subcategories of Scheduled Castes in relation to each state.

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The list of Scheduled Castes or subgroups within the ScheduledCastes,publishedbythepresidentthroughpublic notification,isdeemedfinal. LegislativeEnactments To fulfill the constitutional provisions pertaining to Scheduled Castes, India has passed various laws to protect their rights. These include the Protection of Civil Rights (AntiUntouchability) Act (1955); the Bonded Labour (Abolition) Act (1976); the Scheduled Castes and Scheduled Tribes(PreventionofAtrocities)Act(1989)andRules(1995); the Employment of Manual Scavenger and Construction of Dry Latrines (Prohibition) Act (1993); and various land reformlawstoredistributecommunitylandtothelandless. Finally, to monitor enforcement of some of these laws, the Central (i.e., federal) Government established the National CommissionforScheduledCastesandScheduledTribesand the National Human Rights Commission in the early 1990s (NCDHR,n.d.b.). ImplementationandEnforcementofLawsand Policies LandReforms Lackofaccesstoagriculturallandforcultivationisa major barrier to progress among Dalits. They become economically vulnerable; their dependency is exploited by upper and middlecaste landlords; their lack of political

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power leads to abuses by the police and politicians. From 1948tothe1970s,34.9millionacresweregiventofarmers,of which only 0.5% was given to Dalits and Scheduled Tribes (NCDHR,2006).TheNCDHRreportonCaste,Race,andthe World Conference Against Racism (WCAR) shows that out of an estimated 30 million hectares of harvestable surplus land,only7.5millionacreshavebeendeclaredsurplus,and onlyasmallportionhasbeengiventoDalits.Largetractsof land are being sold well below market value to multinational corporations and the World Bank, which has resulted in the displacement of many Dalits and Adivasis who were living on the land (NCDHR, 2006). Shah, Meander, Thorat, Deshpande, and Baviskar (as cited in NCDHR, 2006) found that Dalits in 21% of the villages surveyed were denied access to Common Property Resources(CPRs),suchaslandsandfishingponds. In 20042005 only onefifth (20%) of all Scheduled Castehouseholdswereabletocultivatelandasindependent agricultural workers, whereas uppercaste households represented twice that amount (see Table 1). The limited accesstolandandcapitalduetotheongoingdiscrimination against Dalits has resulted in greater levels of poverty among this group. For example, the level of poverty was reported to be 60% among agricultural laborers, a vast majorityofwhomareDalits(Thorat,2002). EmploymentReservationsPolicy The government implemented the reservations policy to create job opportunities for Dalits and other

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disadvantagedgroups.However,thereservationsystemhas only minimally benefited the Dalits. This is partly because thesystemappliesonlytothegovernmentsector.Moreover, the system is reported to be flawed because many jobs are leftunfilledandbecauseofalackofcommitmentonthepart ofagovernmentdominatedbyuppercastepoliticians(Artis et al., 2003). For example, most of the reservations are in lowskill, lowpaying jobs. Often it is difficult for Dalits to makethetransitionfromtheirtraditionaljobstomainstream jobs. To allow for proportional representation of Scheduled Castes and Scheduled Tribes, the Constitution reserves 22.5% of seats in government jobs, state legislatures, the lowerhouseoftheParliament,andgovernmenteducational institutions.OfthetotalreservationsforScheduledCastesin theCentralGovernment,54%remainvacant.Thesituationis worse in other public sector jobs, with 88% remaining unfilled(NCDHR,n.d.c.). Indias Constitution created formal governmental institutions(PanchayatisRaj)inanefforttofosterdemocratic representation and control at the grassroots level. The reservation policy applies to these governing bodies, but theyhavebeenunableorunwillingtoimplementmeasures that facilitate their Constitutional duties of promoting equality(Menon,2007).Dalitswereforbiddenfromentering polling booths in 12.3% of the 565 rural villages surveyed. Census officers refuse to register Dalits in public records to deprive them of government representation and benefits (Asian Legal Resource Center, n.d.). Highercaste members controlelectionsbypermittingtheirchosencandidatestofile nominationpapers,whilethreatening,coercing,orbribing

Dalits,theOppressedPeopleofIndia 117 Table1 OccupationalPattern:ScheduledCaste,ScheduledTribes,Backward Castes,andOther(bypercentage) SocialGroupsinRuralIndia OccupationalCategory SC ST OBC OTHER Selfemployedin 20.2 39.3 38.7 43.3 Agriculture Selfemployedin 14.1 06.4 17.6 18.1 NonagriculturalWork Selfemployed(Sub 34.2 45.7 56.2 61.4 Total) AgriculturalWage 40.5 34.0 22.4 15.6 Labor NonagriculturalWage 15.4 11.3 10.4 07.7 Labor RuralWageLabor 56.0 45.3 32.7 23.3 (Subtotal) Others 09.8 08.9 11.0 15.3 OccupationalCategorySocialGroupsinUrbanIndia Selfemployed 29.3 26.3 40.3 38.6 Regular 41.1 41.8 36.7 44.8 Wages/Salaried CasualLabor 21.8 17.3 14.5 06.2 OthersWage 07.7 14.5 08.4 10.3 All 100 100 100 100 Source:NationalSampleSurveyReportNo.516:Employment/unemployment situationamongsocialgroupsinIndia,20042005,Delhi.SC=ScheduledCaste; T=ScheduledTribes;OBC=OtherBackwardCaste;Others=NonSC/ST/OBC (excludingScheduledCaste,ScheduledTribe,andOtherBackwardCastes

LocalGovernmentReservations unapproved candidates into removing or not filing their nomination papers (Pur, 2007). Uppercaste citizens react

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violentlyduringelectionstopreventDalitsfromrunningfor office. In 1996, Murugesan and his supporters from a Dalit community were dragged from a bus and killed because Murugesan contested in the Panchayat elections against a member of the dominant caste in Tamil Nadu. Four Panchayat districts in Tamil Nadu were unable to hold elections due to the violence from 1996 to 2005 (NCDHR, 2006). The control over candidates often results in unanimous, uncontested elections of informal leaders into the formal leadership positions, effectively eliminating meaningfulDalitrepresentationatthelocallevel(Pur,2007). Dalitswhomanagetobecomeelectedofficialswithin theirlocalgovernmentsarecovertlyandovertlyforcedinto earlyresignationstoallownonDalitstoassumeleadership. Dalit representatives may not be allowed to sit in their assignedseatsatgovernmentmeetingsoreatordrinkwith nonDalit representatives. (NCDHR, 2006). Uppercaste members stop the daytoday activities within their jurisdictions to exert control. Dalit Panchayat presidents resignprematurelyfromtheirelectedpositionsbecausethey are unable to exercise any influence over highercaste personnel and representatives (Menon, 2007). If Dalits cannotbeharassedintovoluntaryresignations,theymaybe accused of embezzlement (NCDHR, 2006). An example of harassment of a Dalit elected official is Ms. Munia Devi of the Koirajpur village, who was elected in 2005 as village head in the Panchayati Raj, a position that required her to become custodian of the village records. She was chased awaybytheformervillagehead,Mr.LalChand,andshedid not receive the records. The next year, Ms. Devi was

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physically and verbally abused by Lal Chand and his men. When she attempted to register a complaint, the police officersalsochasedheraway(AsianLegalResourceCentre, n.d.). ProsecutionofOffenders Indias criminal justice system has been negligent in itsconvictionofpersonswhoviolatetherightsofScheduled Castes and Scheduled Tribes. In 2005, there were 31,840 alleged criminal incidents reportedly committed against Scheduled Castes and Scheduled Tribes, as defined by the IPC and Special Laws. Although the chargesheet rates for crimesagainstScheduledCastesandScheduledTribeswere similar to the national means, the average conviction rates foroffensesagainstScheduledCastesandScheduledTribes were 29.8% and 24.5%, respectively, compared to national rates of 42.4% for IPC crimes and 84.5% for Special Law Crimes.Policepersonnelactwithimpunity,asevidencedby the fact that 61,560 complaints were alleged against police personnel in 2005. Only 225 police personnel were tried duringthatsameyear,and97policepersonnelwereactually convicted (National Crime Records Bureau, n.d.). Unfortunately,theprotectionofDalitshumanrightsfailsin practice due to the impunity of highercaste groups and policecorruption.

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FoodPrograms Approximately 55% of Scheduled Caste and Scheduled Tribe children are undernourished, compared to 44% of children in other communities (OneWorld South Asia, 2006). India implemented the National Programme of NutritionalSupport,alsoknownasthemiddaymealscheme (MMS), in 1995 after the Supreme Court directed the national government to create such a program, and participationgrewfrom33.4millionto105millionchildren between1995and2004.However,thenumberofScheduled Castechildrenparticipantsfellfrom22,638,260to22,004,919 between 2003 and 2005. The states of Rajasthan and Tamil NaduhavebeennotablydeficientinprovidingtheMMSto Dalit children, because Dalit children are hesitant to enter hostile areas inhabited by higher castes. Unfortunately, highercastemembersusuallyblockDalitsfrombeinghired ascooksandparticipatinginthedistributionoftheMMS.If a Dalit is hired as a cook, nonDalit parents send sack lunches with the children to school. Highercaste members mayalsoattempttohavetheDalitcookfiredorcampaignto closetheschool(NCDHR,2006). IndiasTargetedPublicDistributionSystem(TPDSor PDS)isthelargestsystemoffooddistributionintheworld, and Fair Price Shops or PDS shops are responsible for allocating food to the villagers. Dalits have less access to distributioncentersbecause17%oftheshopsarelocatedin Dalitcoloniesand70%areindominantcasteareas,withthe remaining 13% being located elsewhere. Shop owners discriminate against Dalits in terms of quantity and price

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(NCDHR,2006).Foodsubsidiesmeantforthepoorareoften sold on the black market, and ration shop licensees bribe police officers so that complaints are not registered. For example, hundreds of complaints have been filed against a distributor in Belwa, but police did not register the complaints and the distributor has not been prosecuted (AsianLegalResourceCentre,n.d.). HealthPrograms ThecentralgovernmentadoptedtheNationalHealth Policy in 1983, and finally put those policies into action in 2002. The national government aids states by providing funds to combat major diseases, but most of the burden of health care is delegated to the states (Republic of India, 2006).Dalitsarelesslikelytobenefitfromthemeagerhealth care benefits provided by the government. According to Indias National Family Health Survey of 20052006, Dalit infantshada mortality rate of 83deathsper1,000 children, compared to the nonDalit rate of 61 per 1,000. The Dalit child mortality rate was 39 per 1,000, compared to the average of 22 per 1,000. OneWorld South Asia (2006) reported under5 mortality rates for Scheduled Caste and Scheduled Tribe children to be 127 and 119 per 1,000, respectively,comparedto92per1,000forotherchildren.In 1998 and 1999, more than half of Dalit children were malnourished, and 75% of Dalit children and 56% of Dalit women were anemic. Maternal health care is free in India, but Dalitwomenreceivelessprenatalcare (NCDHR, 2006). Dalit mothers were less likely to receive postnatal care

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within two days of their last birth (Ministry of Health & Family Welfare, n.d.). Unfortunately, some states, such as Uttar Pradesh, Bihar, and Rajasthan, are not making efforts to improve prenatal care (NCDHR, 2006). Dalit men and women are more likely to be underweight (Ministry of Health&FamilyWelfare,n.d.). EducationProgram As a result of the 86th Amendment (2002), India initiated the Sarva Shiksha Abhiyan (SSA) (also known as EducationforAll[EFA]),toachievethemissionofUniversal Elementary Education (UEE). The basic goal of SSA is to create quality communityowned elementary education schools for children 614 years of age with universal retention by 2010, with a special focus on girls, Scheduled Castes, Scheduled Tribes, and other disadvantaged groups (Republic of India, 2006). According to the Ministry of HumanResourceDevelopment,IndiastoutedSSAprogram is not effective for Dalit children due to discrimination. Moreover, teachers maintain discriminatory attitudes and practices (NCDHR, 2006). In one such incident in 2001, the officiatingheadmasterofagovernmentsecondaryschoolin Rajasmand, located in the northwestern Indian state of Rajasthan, committed suicide as a result of the harassment and beatings he received at the hands of school staff and teachers (National Human Rights Commission [NHRC], n.d.). Elementary education is not accessible to Dalits, as illustratedbyanincidentin2005inwhichMs.Jhaman(a45 yearoldwomanfromTenarevillagefromthestateofUttar

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Pradesh) was chased away by the Panchayat secretary and villagehead.Ms.Jhamanhadrequestedthatherchildrenbe givenregistrationandbirthcertificatesandtheybeallowed tositamongtheuppercastechildreninschool(AsianLegal ResourceCentre,n.d.). Work India passed the National Rural Employment Guarantee Act in 2005; however, it has not yet been implemented.Itisthefirstnationalsafeguardregardingthe right to work (Republic of India, 2006). Meanwhile, Dalits are still forced into degrading occupations, such as manual scavenging, bonded labor, and child labor. Child labor is also forced labor, and the National Sample Survey Organization Report of 19992000 estimated that there are over 10 million child laborers in India; however, unofficial sourcesestimatethatthetotalnumberofworkingchildrenis closer to 100 million. Child labor laws, wages, and safety standards are not monitored because employers bribe law enforcementofficials(NCDHR,2006). Dalitswhoarenotforcedintodegradingoccupations are discriminated against by means of lower wages, longer periods of unemployment, and fewer opportunities for work. Dalits have more difficulty getting hired by others becausebusinessownersnormallyprefertohirethosefrom their own caste. Some Dalits are excluded from crop processing, residential construction, and restaurant work. Dalitagriculturallaborersearnlessmoneyonaverage,work less often, and are paid later than nonDalit workers. In

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nonagricultural positions, Scheduled Castes, Scheduled Tribes, and other backward castes (e.g., Sudras or lowest caste group) work fewer days and earn a lower daily wage thanhighercastelaborers(NCDHR,2006). Recommendations TheUnitedNationsCommitteeontheEliminationof RacialDiscrimination(CERD)criticizedIndiain1996forits lack of protection of Dalit human rights. India did not respondfor10years,buteventuallysubmittedacompilation ofthe15,16,17,18,and19threportstotheCERD(whichhad beendueonJanuary4,1998,2000,2002,2004,and2006).The Committee made several recommendations to India at its 70th session in 2007 regarding the amount of information provided by India, the repeal of suppressive laws, and the effective enforcement of current legislative acts. Despite Indiascontentionthatcastecannotbeequatedwithrace or covered under descent under Article 1 of the Convention (Republic of India, 2006, p. 6), the Committee maintained its position that castebased discrimination falls withinitsjurisdiction.Also,Indianeedstoaddressthelack ofinformationregardingcastesbyprovidingdisaggregated data on the percentages of the Union, State and district budgetsallocatedforthatpurposeandontheeffectsofsuch measuresontheenjoymentbymembersofScheduledCastes andothertribesoftherightsguaranteedbytheConvention (CERD,2007,p.2).TheCommitteerecommendedthatIndia repeal the Habitual Offenders Act and the Armed Forces

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(Special Powers) Act, which allow government agencies to search and arrest people and seize their property without procedural restraint. The CERD also noted that there are numeroushumanrightlawsalreadyinplacethatneedtobe effectivelyenforced. The CERD (2007) recommended that India fully implement existing laws designed to protect the civil, political, economic, social, and cultural rights of Indian citizens of all caste groups. The CERD made the following recommendations regarding the enforcement of civil and politicalrights: 1. ImplementtheProtectionofCivilRights Act, which gives the government the authority to punish those who practice Untouchability and take action against segregation in schools, residential areas, places of worship, medical facilities, water sources, and otherpublicplaces(p.3). 2. Under the Scheduled Castes and Scheduled Tribes Act, officials should provide effective protection to ScheduledCastesandScheduledTribes, and mandatory training should be provided to police, prosecutors, and judges. Victims who report violent incidents should be protected from retaliation. Complaints should be

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registered. Offenders must be prosecuted and sentenced, and victims should be compensated. Information regarding the justice process should be collectedandreported(p.4). 3. Reservation policies must be effectively enforced by providing safe voting conditions and allowing Scheduled Castes and Scheduled Tribes employment in all public service positions,includingthejudiciary(p.5). The CERD (2007) made the following recommendations regarding the enforcement of economic, social,andculturalrights: 1. The ILO Convention No. 107 on Indigenous and Tribal Populations (1957) stipulates that tribal communities ownership of land must be respected, and government land projects must gain the prior informed consent of the communities. Land owners must be equitably compensated fortheirland,andthegovernmentisto aidintheprotectionoftriballandsfrom encroachment by other parties. The Committee gave the example of a 2002 order by the Indian Supreme Court to

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close the road through the Jarawa reserve, which had not yet been enforced(p.5). 2. The Scheduled Castes and Scheduled Tribes Act (1989) should be used as a means of punishing those who commit violenceinlanddisputes(p.6). 3. The Recognition of Forest Rights Act of 2006shouldbeimplementedtoprovide adequate safeguard against the acquisitionoftriballands(p.6). 4. Given that Scheduled Castes and ScheduledTribesaredisproportionately affected by malnutrition and diseases, theymustbeguaranteedequalaccessto ration shops, adequate healthcare facilities, reproductive health services, andsafedrinkingwater(p.7). 5. India should take effective actions toward reducing student dropout rates through the use of scholarships and grants(p.7). 6. Dalit children should be given nondiscriminatory access to the Mid Day Meal Scheme and schools with

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competent teachers facilities(p.7).

and

adequate

Finally, the CERD (2007) made the following recommendationsregardingdescentbasedwork: 7. Forced occupations, such as manual scavenging, child labor, and debt bondage, must be addressed by the effective implementation of the MinimumWagesAct(1948),theEqual Remuneration Act (1976), the Bonded Labour (System) Abolition Act (1976), the Child Labour (Prohibition and Regulation) Act (1986) and the EmploymentofManualScavengersand Construction of Dry Latrines (Prohibition) Act (1993) (CERD, 2007, p.6). 8. The reservation policy should be extended to private employment positions. 9. Job cards should be issued under the National Rural Employment Guarantee Scheme(2005),andtheeffectsshouldbe measuredandreported.

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10. Public education and awareness campaigns should be used to promote social acceptance of the equalization of Scheduled Caste and Scheduled Tribe humanrights. Attheinternationallevel,Indiahasfailedtomeetits obligations enumerated in the Universal Declaration of Human Rights (UDHR); the International Covenant on Economic, Social and Cultural Rights (ICESCR); International Covenant on Civil and Political Rights (ICCPR); International Convention on Elimination of All Forms of Racial Discrimination (ICERD); and the ConventionontheRightsofChild(CRC),towhichIndiaisa party. India has also failed to protect Dalit workers in accordance with its obligations enumerated in the International Labor Organization Convention, which India ratifiedin1958(Hanchinamani,2004). It is surprising to see that India, which took the initiative to secure UN consideration of the problem of apartheid in South Africa, has attained minimal success in thecaseofDalits.IndiapressuredtheUnitedNationstotake action against the South African apartheid regime, but has refusedtoadmitthatdiscriminationagainstDalitsissimilar to racial discrimination (Measures taken by India for the eliminationofapartheid,n.d.). Many believe there is a lack of political will to implement the laws. The rising middle class may well not want any additional competition, and the wealthy, land owning upperclass, which is dependent on cheap labor

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providedbyDalits,effectivelylobbiedpoliticiansnottogive prioritytohumanrightsissues.Asaresult,thecountryhas failed to promote human dignity or improve education among Dalits, and it has failed to provide economic, social, andculturalrights.Frustratedwiththesituation,someDalit rights activists want to hold an international forum to discuss castebased discrimination. The Government of India, on the other hand, insists that caste is an internal matter and must be dealt with internally. According to Prashad(2001,p.4),caste...isnotinternal,butaformof social discrimination. Indias systematic and violent discriminationagainstDalitswouldbeanembarrassmentif the matter were presented before the international community. Thequestionis:CanDalitsapplytheprovisionsofthe apartheid convention of 1973 to fight for their rights? The Convention has already been applied, at least theoretically, to contexts outside South Africa. The following discussion provides some insights into how its provisions can be used intheDalitssituation. Boyle (2003) argued in favor of applying the Apartheid Convention to end Israels suppression of Palestinians. He contends that the absolute prohibition on apartheid is a requirement both of customary international law and of jus cogensa preemptory norm of international law...(p.161). The following articles to the Convention are applicable in the Indian context: Article 1 (1) considers apartheid as a crime against humanity and that inhuman acts resulting from such policies and practices of racial

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segregation and discrimination are crimes against the principles of international law (Boyle, 2003, p. 161). Article 1(2)declarescriminalthoseorganizations,institutions,and individualscommittingthecrimeofapartheid(Boyle,2003, p.161). According to the Article II of the Convention, the term apartheid includes policies and practices of racial segregation and discrimination as practiced in southern Africa,(Boyle,2003,p.162)andshallapplytoanyinhuman actscommittedforthepurposeofexercisingdominationby one racial group over another, as well as systematic oppression.TheArticlelistssomeoftheacts:(a)denialtoa memberormembersofaracialgrouporgroupsoftheright to life and liberty of person (Boyle, 2003, p. 162) by (i) murder;(ii)seriousbodilyinjuryormentalharm,subjecting them to torture, or subjecting them to cruel, inhuman, or degradingtreatmentorpunishment;(iii)arbitraryarrestand imprisonment; (b) inadequate living conditions; (c) preventing a racial group or groups from participating in any political, social, economic and cultural elements of the country; and denying those groups basic human rights and freedoms,suchasrighttowork,righttoformtradeunions, right to education, right to travel, right to nationality, right tofreedomofmovementandresidence,righttofreedomof expression,andrighttofreedomofassemblyandassociation (p. 163); (d) any legislative or other measures meant to segregatethepopulationbycreatingaseparatereservesand ghettos for any racial groups, prohibition of mixed marriages; and the exploitation of landed property belongingtoaracialgrouporgroups;(e)submittingaracial

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group or groups to bonded labor; and (f) persecution of organizations or people, by denying their fundamental rightsandfreedoms,becausetheyopposeapartheid(p.163). Dalits in India can claim that they have, and are facing, all of the atrocities prohibited in Article II of the Convention. There is documented evidence of discrimination and violence against Dalits compiled by human rights activists and the Human Rights Commission in India. Many newspaper reports published over the decades have numerous articles on inhuman treatment of Dalits by uppercaste Hindus, as well as by agencies of the criminaljusticesystem. Article III of the Convention places criminal responsibility, regardless of motives, on individuals, members of organizations, and institutions and representatives of the State: (Boyle, 2003, p. 164) when (a) they commit, participate, incite, or conspire in the commission of the acts, or (b) directly abet, encourage, or cooperateinthecommissionofcrimesmentionedinArticle II(Boyle,2003,p.164).ArticleIIIisclearlyapplicabletothe Indiansituation.Asperthearticle,anyindividual,members of organizations or institutions, government or otherwise, who commit, participate, incite or conspire, directly abet, encourage, or cooperate in the commission of the crime of apartheidareinternationalcriminals.Therearedocumented cases where individuals, including politicians, and governmental organizations have been directly involved in crimes committed against Dalits. Those individuals and membersoftheorganizationswithinvolvementinatrocities shouldbeheldasinternationalcriminals(p.165).

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ArticleIVoftheConventionstatesthatthepartiesto the Convention must undertake: (a) legislative or other measures to suppress and prevent any encouragement of apartheid and punish those guilty of that crime; (b) legislative, judicial, or administrative measures to prosecute, bring to trial, and punish (Boyle, 2003, p. 165) those who committed acts listed in ArticleII irrespective of whether those individuals live in the State or are stateless persons. Article IV creates universal jurisdiction by governments to prosecute. In the Indian context, the government has adopted legislative measures to suppress, prevent, and prosecute those who commit the crime of apartheid.However,enforcementhasclearlybeenlax. Article V states that persons charged with the acts listed in Article II may be tried by a competent tribunal, which may acquire jurisdiction over the accused person. Accordingly,anyIndianofficials(orotherindividuals)who havecommittedthecrimeofapartheidcanbeprosecutedby anyoneofthememberStateswhohassignedtheApartheid Convention. The international penal tribunal which has jurisdiction over apartheid crimes is the International Criminal Court (ICC). The ICC considers that the crime of apartheid is a crime against humanity (Boyle, 2003, p. 166). However, some argue that the treatment of Dalits in IndiaisnotsimilartotheoppressionofPalestinians, where the oppression is institutionalized, systematic, and racial in nature.Dalitscertainlycanargue,however,thatcastebased oppression is, to some extent, institutionalized in India (Boyle,2003).

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ArticleVIrequirestheStatePartiestotheConvention accept and carry any decisions taken by the UN Security Council in its efforts to prevent, suppress, and punish the crime of apartheid. Article VII requires State Parties to submit periodic reports concerning legislative, judicial, and administrativeeffortsundertakenbytheparties.Giventhat India became a party to the Convention in 1977, it should abide by all its provisions. Any deviations from those provisionsshouldbestrictlydealtwithbymemberstates. References Artis,E.,Doobay,C.,&Lyons,K.(2003).Economic,socialand culturalrightsforDalitsinIndia:Casestudyonprimary educationinGujarat.WorkshoponHumanRights: Fromgrassrootscouragetointernationalinfluence, theWoodrowWilsonSchoolofPublicand InternationalAffairs,Princeton,NJ. AsianLegalResourceCentre.(n.d.).Asupplementary documentconcerningcastebaseddiscriminationinIndia submittedbytheAsianLegalResourceCentre:For considerationbytheUnitedNationalCommitteeonthe eliminationofracialdiscrimination,70thsessioninGeneva. RetrievedSeptember5,2007,from http://www.ohchr.org/english/bodies/cerd/docs/ngos/ ALRCreport.pdf Bob,C.(2007).Dalitrightsarehumanrights:Caste discrimination,internationalactivism,andthe constructionofanewhumanrightsissue[Electronic version].HumanRightsQuarterly,29,167193.

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Boyle,F.(2003).Palestine,Palestiniansandinternationallaw. Atlanta:ClarityPress. CenterforHumanRights&GlobalJustice&HumanRights Watch.(2007).CastediscriminationagainstDalitsorso calledUntouchablesinIndia:Informationforthe considerationoftheCommitteeontheEliminationof RacialDiscrimination.RetrievedSeptember16,2007, from http://www.ohchr.org/english/bodies/cerd/docs/ngos/ chrgjhrw.pdf CommitteeontheEliminationofRacialDiscrimination [CERD].(2007,May5).Considerationofreports submittedbystatespartiesunderArticle9ofthe Convention:ConcludingobservationsoftheCommitteeon theEliminationofRacialDiscrimination.Retrieved September6,2007,from http://www.ohchr.org/english/bodies/cerd/docs/CER D.C.IND.CO.19.doc ConstitutionofIndia.(n.d.).Schedules.RetrievedMarch15, 2005,from http://indiacode.nic.in/coiweb/coifiles/p04.htm. Fernando,F.,Macwan,J.,&Ramanathan,S.(2004).Journeys tofreedom:Dalitnarratives.India:PopularPrakashan Pvt.Ltd. Goonesekere,R.K.W.(2000).Preventionofdiscriminationand protectionofindigenouspeopleandminorities:Working paper.NewYork:UnitedNations,Economic&Social Council,SubCommissiononthePromotion& ProtectionofHumanRights.

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Green,M.(2001).Whatwetalkaboutwhenwetalkabout indicators:Currentapproachestohumanrights measurement[Electronicversion].HumanRights Quarterly,23,10621097. Hanchinamani,B.B.(2004).HumanrightsabusesofDalits inIndia.HumanRightsBrief,8(2),15. Hansen,S.A.(2000).Thesaurusofeconomic,socialandcultural rights:Terminologyandpotentialviolations.Retrieved September12,2007,from http://shr.aaas.org/thesaurus/help.html Henkin,L.,Neuman,G.L.,Orentlicher,D.F.,&Leebron,D. W.(1999).Humanrights.NewYork:FoundationPress. HumanRightsWatch.(1999).Brokenpeople:Casteviolence againstIndiasuntouchables.RetrievedMarch10, 2005,from http://www.hrw.org/reports/1999/india/India994.htm. HumanRightsWatch.(2003).Smallchange:Bondedchildlabor inIndiassilkindustry.RetrievedSeptember25,2007, from http://www.hrw.org/reports/2003/india/india0103.pdf HumanRightsWatch.(2007a).India:Hiddenapartheidof discriminationagainstDalits:Governmentfailstoend castebasedsegregationandattacks.RetrievedSeptember 11,2007,from http://hrw.org/english/docs/2007/02/13/india15303_txt .htm HumanRightsWatch.(2007b).Hiddenapartheid:Caste discriminationagainstIndiasuntouchables.Retrieved September12,2007,from

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http://www.hrw.org/reports/2007/india0207/india020 7web.pdf IndiaTogether.(2007).Nandigram,anatrocityondalits. RetrievedSeptember11,2007,from http://www.indiatogether.org/2007/may/soc nandigram.htm Izzo,J.F.(2005).Dalitmeansbroken.America,192,1115. Jenkins,B.,&Barr,E.(2006).SocialexclusionofScheduled CastechildrenfromprimaryeducationinIndia.Retrieved November24,2008,from http://www.unicef.org/policyanalysis/files/Social_Excl usion_of_Scheduled_Caste_Children_from_Primary_ Education_in_India.pdf Larson,D.(2004).India.InC.L.Schmitz,E.K.Traver,&D. Larson(ed),Childlabor:Aglobalview(101112). Westport,CT:GreenwoodPress. MeasurestakenbyIndiafortheeliminationofapartheid. (n.d.).RetrievedSeptember11,2005,from http://www.anc.org.za/ancdocs/history/solidarity/indi an... Menon,S.V.(2007,June17).Grassrootdemocracyand empowermentofpeople:EvaluationofPanchayati RajinIndia.MunichPersonalRePEcArchive,paperno. 3839.RetrievedSeptember11,2007,from http://mpra.ub.uni muenchen.de/3839/01/MPRA_paper_3839.pdf MinistryofHealth&FamilyWelfare.(n.d.).20052006 Nationalfamilyhealthsurvey(NFHS3):Nationalfact sheetIndia.RetrievedOctober8,2007,from http://www.nfhsindia.org/pdf/IN_WICT.pdf

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MinorityRightsGroupInternational.(2006).Lessprotection forthosewhochangereligionwilldeepen discriminationforIndiasmostmarginalizedgroup, saysMRG.RetrievedSeptember11,2007,from http://www.minorityrights.org/?lid=671 NationalCampaignonDalitsHumanRights[NCDHR]. (n.d.a).Communitiesacrosstheworlddiscriminated againstonthebasisofcaste,orworkanddescent. RetrievedFebruary14,2005,from http://www.dalits.org/globalcastesystems.htm. NationalCampaignonDalitsHumanRights[NCDHR]. (n.d.b).Dr.Ambedkarsinterventionsoncaste discriminationbeforetheBritishRoundTableConference, 19301932.RetrievedMarch15,2005,from http://www.dalits.org/AmbedkarViews.html. NationalCampaignonDalitsHumanRights[NCDHR]. (n.d.c).BrokenpromisesandDalitsbetrayed:Blackpaper onthestatusofDalithumanrights.RetrievedFebruary 14,2005,fromhttp://www.dalits.org/Blackpaper.html. NationalHumanRightsCommission.(2005).Atrocitieson dalits.RetrievedSeptember11,2007,from http://nhrc.nic.in/DalitCases.htm NationalCampaignonDalitHumanRights[NCDHR]. (2006).Alternatereporttothejoint15thto19thperiodic reportofthestateparty(RepublicofIndia):Tothe CommitteeontheEliminationofRacialDiscrimination. RetrievedSeptember6,2007,from http://www.ohchr.org/english/bodies/cerd/docs/ngos/ shadowreport.pdf

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NationalCrimeRecordsBureau.(n.d.).CrimeinIndia. RetrievedSeptember15,2007,from http://ncrb.nic.in/crimeinindia.htm NationalSampleSurveyOrganization,MinistryofStatistics &ProgrammeImplementationGovernmentofIndia. (2006).Employmentandunemploymentamongsocial groupsinIndia,200405.RetrievedNovember22,2008, from http://mospi.gov.in/national_data_bank/pdf/516_final .pdf Neelima,B.N.(2002).AtrocitiesonDalits:Needforhuman rightseducation.InR.Thilagaraj(ed.),Humanrights andcriminaljusticeadministration(pp.121134).New Delhi,India:A.P.H.Publishing. OfficeoftheHighCommissionerforHumanRights(n.d.). InternationalConventionontheSuppressionand PunishmentoftheCrimeofApartheid.RetrievedAugust 8,2005,from http://www.unhchr.ch/html/menu3/b/11.htm OneWorldSouthAsia.(2006,February).Socialinequalityin MDGs:Disparitiesinlevelsandprogressamongsocial groupsinIndia.Paperpresentedatthemeetingofthe InternationalMultidisciplinaryConferenceon EqualityandSocialInclusioninthe21stCentury: DevelopingAlternatives,Belfast,NorthernIreland. Prashad,V.(2001).Cataractofsilence:RaceontheedgeofIndian thought.PaperpreparedfortheUnitedNations ResearchInstituteforSocialDevelopment(UNRISD) ConferenceonRacismsandPublicPolicy.Durban, SouthAfrica.

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Pur,K.A.(2007).Rivalryorsynergy?Formalandinformal localgovernanceinruralIndia[Electronicversion]. DevelopmentandChange,38,401421. RepublicofIndia.(2006).Reportssubmittedbystatesparties underArticle9oftheConvention.RetrievedSeptember 6,2007,from http://www.ohchr.org/english/bodies/cerd/cerds70.ht m Schwartz,H.(1995).Doeconomicandsocialrightsbelongin aconstitution?AmericanUniversityJournalof InternationalLaw&Policy,10,1233. Thorat,S.(2002).Hindusocialorderandthehumanrightsof Dalits.RetrievedMarch10,2005,from http:www.indiatogether.org/combatlaw/issue4/hindu ord. TheInternationalSecretariatoftheWorldOrganization againstTorture(OMCT)andtheCoordinationOffice ofHousingandLandRights NetworkofHabitatInternationalCoalition (OMCT/HICHLRN)(2003,July24).Jointurgent actionappeal:Forcedevictionof7,000DalitsinIndia. RetrievedSeptember25,2007,from http://www.hlrn.org/cases_files/IND FE%20%20240703.doc